Short answer. If no one contests the will, the court may allow it on the testimony of just one subscribing witness, provided that witness confirms it was executed as the law requires. A holographic will instead needs a witness who can attest to the testator's handwriting.

What the law says

If no person appears to contest the allowance of the will, the court may grant allowance thereof on the testimony of one of the subscribing witnesses only, if such witness testify that the will was executed as is required by law. In the case of a holographic will, it shall be necessary that at least one witness who knows the handwriting and signature of the testator explicitly declare that the will and the signature are in the handwriting of the testator.

Rule 76, Section 5 — Proof at hearing. Read the full provision →

Fewer witnesses needed when uncontested

Probate hearings do not always require every subscribing witness to testify. Where no one appears to contest the will's allowance, the court may grant allowance on the testimony of just one subscribing witness, so long as that witness confirms the will was executed the way the law requires. This lightens the burden considerably in undisputed cases. An ordinary notarial will typically has three subscribing witnesses, so this rule can spare the petitioner from having to locate, subpoena, and present all three simply because the will happens to be uncontested.

Ordinary vs holographic wills

A holographic will, being entirely handwritten by the testator, is proved differently even when uncontested. It requires at least one witness who actually knows the testator's handwriting and signature to explicitly declare that both the will and the signature are genuinely in the testator's own hand, since there are no attesting witnesses to a holographic will's execution the way there are for a notarial will. This distinction reflects the fundamentally different way each type of will comes into existence: a notarial will is executed before witnesses who watch it happen, while a holographic will has no built-in witnesses at all, only people who happen to be familiar with the testator's handwriting.

If no competent witness is available

The rule also anticipates that a suitable witness might not be available. In the absence of any competent witness able to identify the testator's handwriting, and if the court considers it necessary, expert testimony may be resorted to instead, giving the court another avenue to establish authenticity even without a lay witness on hand. This fallback matters most for holographic wills, since there are no attesting witnesses built into their execution the way there are for a notarial will, so a familiar witness may simply no longer be around by the time probate is sought.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.