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·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 3 UPC -- PROBATE AND ADMINISTRATION·Part 3 Formal Testacy and Appointment Proceedings

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.

Montana § 72-3-302 (Formal Testacy Proceedings -- Nature -- How And When Commenced) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.