Montana § 72-3-223 Rules For Denial Of Informal Appointment

Montana Statutes

§ 72-3-223 — Rules For Denial Of Informal Appointment

Montana § 72-3-223

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 3UPC -- PROBATE AND ADMINISTRATION

Part 2Informal Probate and Appointment Proceedings

This text of Montana § 72-3-223 (Rules For Denial Of Informal Appointment) 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. § 72-3-223 (2026).

Text

72-3-223 . Rules for denial of informal appointment.

(1)Unless 72-3-523 controls, the application must be denied if it indicates:

(a)that a personal representative who has not filed a written statement of resignation, as provided in 72-3-525 , has been appointed in this or another county of this state;

(b)that, unless the applicant is the domiciliary personal representative or the domiciliary personal representative's nominee, the decedent was not domiciled in this state and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile; or

(c)that other requirements of 72-3-222 have not been met.

(2)If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument that ma

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72-3-223 . Rules for denial of informal appointment. (1) Unless 72-3-523 controls, the application must be denied if it indicates:
(a) that a personal representative who has not filed a written statement of resignation, as provided in 72-3-525 , has been appointed in this or another county of this state;
(b) that, unless the applicant is the domiciliary personal representative or the domiciliary personal representative's nominee, the decedent was not domiciled in this state and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile; or
(c) that other requirements of 72-3-222 have not been met.
(2) If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument that may relate to property subject to the laws of this state and that is not filed for probate in this court, the clerk shall decline the application.