North Dakota Code § 30.1-15-05

(3-405) Formal testacy proceedings - Uncontested cases - Hearings and
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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 30.1 -15-09 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.

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