§ 84. PROOF OF WRITTEN WILL PRODUCED IN COURT.
(a) Self-Proved Will. If a will is self-proved as provided in this
Code, no further proof of its execution with the formalities and
solemnities and under the circumstances required to make it a valid
will shall be necessary.
(b) Attested Written Will. If not self-proved as provided
in this Code, an attested written will produced in court may be
proved:
(1) By the sworn testimony or affidavit of one or more
of the subscribing witnesses thereto, taken in open court.
(2) If all the witnesses are non-residents of the
county, or those who are residents are unable to attend court, by
the sworn testimony of any one or more of them by deposition, either
written or oral, taken in the same manner and under the same rules
as depositions taken in other civil actions; or, if no opposition
in writing to such will is filed on or before the date set for
hearing thereon, then by the sworn testimony or affidavit of two
witnesses taken in open court, or by deposition in the manner
provided herein, to the signature or the handwriting evidenced
thereby of one or more of the attesting witnesses, or of the
testator, if he signed the will; or, if it be shown under oath to
the satisfaction of the court that, diligent search having been
made, only one witness can be found who can make the required proof,
then by the sworn testimony or affidavit of such one taken in open
court, or by deposition in the manner provided herein, to such
signatures or handwriting.
(3) If none of the witnesses is living, or if all of
such witnesses are members of the armed forces of the United States
of America or of any auxiliary thereof, or of the armed forces
reserve of the United States of America or of any auxiliary thereof,
or of the Maritime Service, and are beyond the jurisdiction of the
court, by two witnesses to the handwriting of one or both of the
subscribing witnesses thereto, or of the testator, if signed by
him, and such proof may be either by sworn testimony or affidavit
taken in open court, or by deposition, either written or oral, taken
in the same manner and under the same rules as depositions taken in
other civil actions; or, if it be shown under oath to the
satisfaction of the court that, diligent search having been made,
only one witness can be found who can make the required proof, then
by the sworn testimony or affidavit of such one taken in open court,
or by deposition in the manner provided herein, to such signatures
or handwriting....
