§ 30.1-15-06 — (3-406) 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 section 30.1-08-04, the will complies with 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 notarized pursuant to paragraph 2 of subdivision c of subsection 1 of
section 30.1-08-02, but not self-proved, there is a rebuttable presumption that the will
complies with the requirements for execution upon filing the will.
3. If the will is witnessed pursuant to paragraph 1 of subdivision c of subsection 1 of
section 30.1-08-02, but not notarized or 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.