§560:3-405  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 560:3-409 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. [L 1996, c 288, pt of
§1]