It 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.
Copyright by Robert Ray a Texas inheritance attorney.
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This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney–client relationship. These matters turn heavily on specific facts and specific dates, and the law has exceptions this page does not cover. You should not take, or refrain from taking, any action based on this page. Discuss your circumstances with an attorney who can advise you on them.