Montana § 72-3-212 Informal Probate -- Clerk To Make Findings

Montana Statutes

§ 72-3-212 — Informal Probate -- Clerk To Make Findings

Montana § 72-3-212

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 3UPC -- PROBATE AND ADMINISTRATION

Part 2Informal Probate and Appointment Proceedings

This text of Montana § 72-3-212 (Informal Probate -- Clerk To Make Findings) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 72-3-212 (2026).

Text

72-3-212 . Informal probate -- clerk to make findings. In an informal proceeding for original probate of a will, the clerk shall determine whether:

(1)the application is complete;

(2)the applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief;

(3)the applicant appears from the application to be an interested person as defined in 72-1-103 ;

(4)on the basis of the statements in the application, venue is proper;

(5)an original, duly executed, and apparently unrevoked will, an authenticated copy of a will probated in another jurisdiction, or an authenticated copy of a will filed without probate in another jurisdiction and proved, as provided in 72-3-220 , is in the clerk's possession;

(6)any noti

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72-3-212 . Informal probate -- clerk to make findings. In an informal proceeding for original probate of a will, the clerk shall determine whether:
(1) the application is complete;
(2) the applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief;
(3) the applicant appears from the application to be an interested person as defined in 72-1-103 ;
(4) on the basis of the statements in the application, venue is proper;
(5) an original, duly executed, and apparently unrevoked will, an authenticated copy of a will probated in another jurisdiction, or an authenticated copy of a will filed without probate in another jurisdiction and proved, as provided in 72-3-220 , is in the clerk's possession;
(6) any notice required by 72-3-106 has been given and that the application is not within 72-3-213 (5); and
(7) it appears from the application that the time limit for original probate has not expired.

Legislative History

En. 91A-3-303 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 2, Ch. 516, L. 1975; R.C.M. 1947, 91A-3-303(1); amd. Sec. 73, Ch. 494, L. 1993; amd. Sec. 3, Ch. 410, L. 2005.