§ 28-40-302 - Proving will.
28-40-302. Proving will.
No will of any testator shall be allowed to be proved as a lost or destroyed will unless:
(1) The provisions are clearly and distinctly proved by at least two (2) witnesses, a correct copy or draft being deemed equivalent to one (1) witness; and
(2) The will is:
(A) Proved to have been in existence at the time of the death of the testator; or
(B) Shown to have been fraudulently destroyed in the lifetime of the testator.