What can the probate judge do if there is clear evidence of intent to create a will but the formal requirements were not met?

The probate judge's ability to use discretion to excuse the formalities required to create a valid will is grounded in the principles of testamentary intent and the doctrine of substantial compliance. In jurisdictions that permit this flexibility, if there is clear and convincing evidence that the decedent intended to create a will, a judge may validate the document even if it does not meet all formal requirements—such as being in writing or properly witnessed—as long as the essential elements of testamentary intent are present.

This capacity to excuse technical noncompliance is often supported by statutes that recognize the need to uphold a decedent's wishes when the intent is unmistakably expressed, regardless of whether the strict formalities were observed. Therefore, when there is strong evidence indicating the decedent's desire to distribute their assets in a certain way, the court may find it appropriate to regard the document as a valid will, thereby honoring the decedent's intentions.

The other options do not align with the legal framework. For instance, simply ordering a new will to be drafted would not resolve the issue if intent has already been established through existing evidence. Dismissing the case entirely would disregard the clear evidence and undermine the decedent's wishes. Similarly, while requesting additional witness testimonies could be relevant