14-3405. Formal testacy proceedings;
uncontested cases; hearings and proof
If a petition in a testacy proceeding is unopposed, the court may order probate or
intestacy on the strength of the pleadings if satisfied that the conditions of section
14-3409 have been met, or conduct a hearing in open court and require proof of the
matters necessary to support the order sought. If evidence concerning execution of the
will is necessary, the affidavit or testimony of one of any attesting witnesses to the
instrument is sufficient. If the affidavit or testimony of an attesting witness is not
available, execution of the will may be proved by other evidence or affidavit.
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