Montana § 72-3-302 Formal Testacy Proceedings -- Nature -- How And When Commenced

Montana Statutes

§ 72-3-302 — Formal Testacy Proceedings -- Nature -- How And When Commenced

Montana § 72-3-302

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 3UPC -- PROBATE AND ADMINISTRATION

Part 3Formal Testacy and Appointment Proceedings

This text of Montana § 72-3-302 (Formal Testacy Proceedings -- Nature -- How And When Commenced) 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. § 72-3-302 (2026).

Text

72-3-302 . Formal testacy proceedings -- nature -- how and when commenced.

(1)A formal testacy proceeding is litigation to determine whether a decedent left a valid will.

(2)A formal testacy proceeding may be commenced by an interested person filing a petition:

(a)as described in 72-3-301 (1) in which the person requests that the court, after notice and hearing, enter an order probating a will;

(b)to set aside an informal probate of a will or to prevent informal probate of a will that is the subject of a pending application; or

(c)for an order that the decedent died intestate.

(3)A petition may seek formal probate of a will without regard to whether the will or a conflicting will has been informally probated.

(4)A formal testacy proceeding may but need not involve a request for appo

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72-3-302 . Formal testacy proceedings -- nature -- how and when commenced. (1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will.
(2) A formal testacy proceeding may be commenced by an interested person filing a petition:
(a) as described in 72-3-301 (1) in which the person requests that the court, after notice and hearing, enter an order probating a will;
(b) to set aside an informal probate of a will or to prevent informal probate of a will that is the subject of a pending application; or
(c) for an order that the decedent died intestate.
(3) A petition may seek formal probate of a will without regard to whether the will or a conflicting will has been informally probated.
(4) A formal testacy proceeding may but need not involve a request for appointment of a personal representative.