Montana § 72-12-206 Fees And Expenses -- By Whom Paid

Montana Statutes

§ 72-12-206 — Fees And Expenses -- By Whom Paid

Montana § 72-12-206

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 12PROBATE AND ADMINISTRATION SUPPLEMENTARY PROVISIONS

Part 2Will Contest -- Procedure

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Bluebook

Mont. Code Ann. § 72-12-206 (2026).

Text

72-12-206 . Fees and expenses -- by whom paid. When the validity or probate of a will is contested through court action, the attorney fees and costs, as provided in 25-10-201 , incurred in defending the validity or probate of the will must be paid by the party contesting the validity or probate of the will if the will in probate is confirmed. If the probate is revoked, costs, as provided in 25-10-201 , but not attorney fees, must be paid by the party who resisted the revocation or out of the property of the decedent, as the court directs.

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72-12-206 . Fees and expenses -- by whom paid. When the validity or probate of a will is contested through court action, the attorney fees and costs, as provided in 25-10-201 , incurred in defending the validity or probate of the will must be paid by the party contesting the validity or probate of the will if the will in probate is confirmed. If the probate is revoked, costs, as provided in 25-10-201 , but not attorney fees, must be paid by the party who resisted the revocation or out of the property of the decedent, as the court directs.

Legislative History

En. Sec. 35, p. 248, L. 1877; re-en. Sec. 35, 2nd Div. Rev. Stat. 1879; re-en. Sec. 35, 2nd Div. Comp. Stat. 1887; re-en. Sec. 2365, C. Civ. Proc. 1895; re-en. Sec. 7412, Rev. C. 1907; re-en. Sec. 10047, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1332; re-en. Sec. 10047, R.C.M. 1935; amd. Sec. 16, Ch. 365, L. 1974; R.C.M. 1947, 91-1106; amd. Sec. 80, Ch. 494, L. 1993.