SECTION 3-404. FORMAL TESTACY PROCEEDINGS; WRITTEN OBJECTIONS TO PROBATE Uniform Probate Code

SECTION 3-404. FORMAL TESTACY PROCEEDINGS; WRITTEN OBJECTIONS TO PROBATE Uniform Probate Code

 Any party to a formal proceeding who opposes the probate of a will for any reason shall state in his pleadings his objections to probate of the will.

Comment

Model Probate Code (1946) Section 72 requires a contestant to file written objections to any will he would oppose. The provision prevents potential confusion as to who must file what pleading that can arise from the notion that the probate of a will is in rem. The petition for probate of a revoking will is sufficient warning to proponents of the revoked will.