Absence of witness, proof

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§ 110. Absence of witness, proof

When it appears to the court that a will cannot be proven as otherwise provided by law, because one or more of the subscribing witnesses are unavailable or incapable of testifying, the court may admit the will to probate upon the testimony in person or by affidavit of at least one credible disinterested individual that the signature to the will is in the handwriting of the person whose will it purports to be, or upon other sufficient proof of the handwriting, and the will on its face complies with other legal requirements. This section shall not preclude the court, in its discretion, from requiring additional testimony of any available subscribing witness or proof of other pertinent facts and circumstances that the court deems necessary to admit the will to probate. (Amended 2017, No. 195 (Adj. Sess.), § 2.)


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