Section 560:3-406 - Formal testacy proceedings; contested cases; testimony of attesting witnesses In a contested case hearing in which the proper execution of a will is at issue, the following rules shall apply:
(1) If the will is self-proved pursuant to section 560:2-504, the will shall be deemed to satisfy the requirements for execution without the testimony of any attesting witness, upon filing the will and the acknowledgement and affidavits annexed or attached to it, unless there is evidence of fraud or forgery affecting the acknowledgment or affidavit; and(2) If the will is witnessed pursuant to section 560:2-502(a)(3), but not self-proved, the testimony of at least one of the attesting witnesses shall be required to establish proper execution if 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 shall raise a rebuttable presumption that the events received in the clause occurred.Amended by L 2023, c 158,§ 37, eff. 6/29/2023.