14-3407. Formal testacy proceedings; burdens
in contested cases


In contested cases, petitioners who seek to establish intestacy have the burden of
establishing prima facie proof of death, venue and heirship. Proponents of a will, if
they are also petitioners, have the burden of establishing prima facie proof of death and
venue. If a will is opposed by a petition for a declaration of intestacy, it shall be
determined first whether the will is entitled to probate.