§560:3-102 Necessity of order of probate for will. Except as provided in section 560:3-1201, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court. [L 1996, c 288, pt of §1]

Section barred defendant from using unprobated will to defeat plaintiffs' complaint for determination and declaration of heirs and to partition. 77 H. 251 (App.), 883 P.2d 673.