TITLE 15

UNIFORM PROBATE CODE

CHAPTER 3

PROBATE OF WILLS AND ADMINISTRATION

PART 4.

FORMAL TESTACY AND APPOINTMENT PROCEEDINGS

15-3-406.  Formal testacy proceedings — Contested cases — Testimony of attesting witnesses. (a) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one (1) of the attesting witnesses, if within the state competent and able to testify, is required. Due execution of an attested or unattested will may be proved by other evidence.

(b)  If the will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery.

History:

[I.C., sec. 15-3-406, as added by 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 12, p. 510.]