§ 72-3-321 — Formal Testacy Proceedings -- Contested Cases

72-3-321 . Formal testacy proceedings -- contested cases. In a contested case in which the proper execution of a will is at issue, the following rules apply:
(1) If the will is self-proved pursuant to 72-2-524 , the will satisfies the requirements for execution without the testimony of any attesting witness, upon filing the will and the acknowledgment and affidavits annexed or attached to it, unless there is evidence of fraud or forgery affecting the acknowledgment or affidavit.
(2) If the will is witnessed pursuant to 72-2-522 (1), but not self-proved, the testimony of at least one of the attesting witnesses is required to establish proper execution if the witness is within this state, competent, and able to testify. Proper execution may be established by other evidence, including an affidavit of an attesting witness. An attestation clause that is signed by the attesting witnesses raises a rebuttable presumption that the events recited in the clause occurred.

Legislative History

En. Sec. 63, Ch. 313, L. 2019.