Who bears the burden to prove due execution of a will?

• A. The proponent
• B. The testator
• C. The witnesses
• D. The estate administrator

Answer: (A)

The party asking to probate the will—the proponent—must prove that the will was properly executed. In probate, due execution is shown by demonstrating that the testator signed the will or acknowledged signing in the presence of at least two witnesses, and that those witnesses signed in the required manner and in the presence of the testator. The proponent must bring evidence (often testimony from the witnesses and any attestation clause) to meet the standard of proof. Since the testator is no longer alive to testify, the burden falls on the proponent to establish these formalities; if that proof isn’t provided, the will isn’t admitted to probate. The witnesses’ testimony supports that proof, but they do not bear the initiating burden themselves. An estate administrator would not carry the burden unless they are the proponent seeking probate.