Rule 8 Procedure at Hearing
Rule Text
Testate Proceedings; Proof of Will. At the first hearing on a petition to probate a decedent’s will, the petitioner shall submit to the court evidence sufficient to prove the will, which may include a self-proving affidavit, a sworn statement from a witness attesting to the validity of the will, or witness testimony. Testate Proceedings; Will Contest. Any interested person may, before a hearing to prove a will, file a written objection. The objection must state the nature of the person’s interest in the will and all objections to the validity of the document or documents offered as the decedent’s will. 3 Intestate Proceedings. At the first hearing on a petition to probate the estate of a person who died without a will, the court may receive evidence from the petitioner and any heirs or other interested persons in order to facilitate appointment of an administrator and to determine the heirs of the decedent. 4 Continuation of Hearing. If any interested person raises an oral objection or another issue during any hearing, the court shall determine whether the objection or issue raised should be scheduled for another hearing to allow the objector to file a written objection and to give any other interested person an opportunity to respond to the objection. Notice of the continuation of the hearing need not be given to any person not present when the objections or issues were raised, unless the court orders otherwise. Orders. The court may make any orders that it deems appropriate under the circumstances and as justice may require.