§560:3-407  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 have the burden of establishing
prima facie proof of due execution in all cases, and, if they are also
petitioners, prima facie proof of death and venue.  Contestants of a will have
the burden of establishing lack of testamentary intent or capacity, undue
influence, fraud, duress, mistake, or revocation.  Unless the burden of proof
is changed by other provisions of law, parties have the ultimate burden of
persuasion as to matters with respect to which they have the initial burden of
proof.  If a will is opposed by the petition for probate of a later will
revoking the former, it shall be determined first whether the later will is
entitled to probate, and 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. [L 1996, c 288, pt of §1]