Montana § 72-3-215 Clerk To Issue Statement Of Informal Probate -- Effect -- Procedural Defect Not To Void Probate

Montana Statutes

§ 72-3-215 — Clerk To Issue Statement Of Informal Probate -- Effect -- Procedural Defect Not To Void Probate

Montana § 72-3-215

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 3UPC -- PROBATE AND ADMINISTRATION

Part 2Informal Probate and Appointment Proceedings

This text of Montana § 72-3-215 (Clerk To Issue Statement Of Informal Probate -- Effect -- Procedural Defect Not To Void Probate) 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. § 72-3-215 (2026).

Text

72-3-215 . Clerk to issue statement of informal probate -- effect -- procedural defect not to void probate.

(1)Upon receipt of an application requesting informal probate of a will, the clerk, upon making the findings required by 72-3-212 and 72-3-213 , shall issue a written statement of informal probate if at least 120 hours have elapsed since the decedent's death.

(2)Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding.

(3)No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void.

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72-3-215 . Clerk to issue statement of informal probate -- effect -- procedural defect not to void probate. (1) Upon receipt of an application requesting informal probate of a will, the clerk, upon making the findings required by 72-3-212 and 72-3-213 , shall issue a written statement of informal probate if at least 120 hours have elapsed since the decedent's death.
(2) Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding.
(3) No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void.