Montana Statutes

§ 72-3-222 — Informal Appointment -- Clerk To Make Findings

Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 3 UPC -- PROBATE AND ADMINISTRATION·Part 2 Informal Probate and Appointment Proceedings

72-3-222 . Informal appointment -- clerk to make findings. In informal appointment proceedings, the clerk shall determine whether:

(1)the application for informal appointment of a personal representative 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)any will to which the requested appointment relates has been formally or informally probated, but this requirement does not apply to the appointment of a special administrator;
(6)any notice required by 72-3-106 has been given;
(7)from the stateme

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Legislative History

En. 91A-3-308 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-308(1); amd. Sec. 75, Ch. 494, L. 1993.

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