75-3-405. Formal testacy proceedings -- Uncontested cases -- Hearings and proof.
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 75-3-409 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.
Enacted by Chapter 150, 1975 General Session
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Last revised: Thursday, May 28, 2009