Before a will is admitted to probate the person desiring the same to be probated will file a petition in the proper court of the county, asking that the will be admitted to probate. The petition sets forth the time and place of the death of the testator, and the place of his residence at the time of his death. It usually names his heirs at law and next of kin, the legatees and devisees of the will; if the place of residence of each is known, it shall also appear in the petition.

(b) Notice to Parties Interested. Notice is given of this proceeding, and it is usually sent by mail to the parties named in the petition, and a time fixed therein according to statute at some future day upon which the hearing regarding the probating of the will shall be held.

(c) The Hearing. Upon the hearing of the will, all parties interested may appear in person or by counsel, and examine or cross examine the witnesses who were present at the time of the execution of the will. It is not usual to introduce any evidence but the testimony of the subscribing witnesses upon the hearing for the probating of the will.