Rex v. Tovrea

Opinion by

Judge BERNARD.

In this formal testacy probate proceeding, Randall Rex (proponent), the proponent of a document alleged to be a will, appeals the trial court’s order finding decedent, Ronald Wiltfong, died intestate. We reverse and remand for further proceedings.

I. Background

The following facts are undisputed. Proponent and decedent were domestic partners for twenty years until decedent’s death. They lived together and intermingled most of their finances.

On proponent’s birthday in 2003, proponent and decedent celebrated with two friends. In the presence of the friends, decedent gave…