gavel-to-fall-673264-sIt depends on which state you live in. In Texas, contesting a will is just like any other civil trial, e.g., the Texas constitution gives you the right to a jury trial. If you file a will contest in some other states, like Ohio, you may not have a right to a jury trial. Apparently, in Ohio, the probate judge acts like judge and jury. While the probate judge has the right to empanel a jury, he doesn’t have to and the parties don’t have the same state constitutional right to a jury trial as Texas litigants have. CA2013-07-019, CA2013-09-026.

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