SECTION 3-405.
FORMAL TESTACY PROCEEDINGS; UNCONTESTED CASES; HEARINGS AND PROOF Uniform Probate Code
If a petition
in a testacy proceeding is unopposed, the court may order probate or intestacy
on the strength of the pleadings if satisfied that the conditions of Section
3-409 have been met, or conduct a hearing in open court and require proof of
the matters necessary to support the order sought. If evidence concerning
execution of the will is necessary, the affidavit or testimony of one of any
attesting witnesses to the instrument is sufficient. If the affidavit or testimony
of an attesting witness is not available, execution of the will may be proved
by other evidence or affidavit.
Comment
For various
reasons, attorneys handling estates may want interested persons to be gathered
for a hearing before the court on the formal allowance of the will. The court
is not required to conduct a hearing, however.
If no hearing
is required, uncontested formal probates can be completed on the strength of
the pleadings. There is no good reason for summoning attestors when no
interested person wants to force the production of evidence on a formal
probate. Moreover, there seems to be no valid distinction between litigation to
establish a will, and other civil litigation, in respect to whether the court
may enter judgment on the pleadings.
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