Montana § 72-3-305 Notice Of Hearing On Petition For Formal Testacy Proceeding

Montana Statutes

§ 72-3-305 — Notice Of Hearing On Petition For Formal Testacy Proceeding

Montana § 72-3-305

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 3UPC -- PROBATE AND ADMINISTRATION

Part 3Formal Testacy and Appointment Proceedings

This text of Montana § 72-3-305 (Notice Of Hearing On Petition For Formal Testacy Proceeding) 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. § 72-3-305 (2026).

Text

72-3-305 . Notice of hearing on petition for formal testacy proceeding.

(1)Upon commencement of a formal testacy proceeding, the court or clerk shall fix a time and place of hearing.

(2)Notice shall be given in the manner prescribed by 72-1-301 by the petitioner to the persons herein enumerated and to any additional person who has filed a demand for notice under 72-3-106 of this code. Notice shall be given to the following persons:

(a)the surviving spouse, children, and other heirs of the decedent;

(b)the devisees and executors named in any will that is being or has been probated or offered for informal or formal probate in the county or that is known by the petitioner to have been probated or offered for informal or formal probate elsewhere; and

(c)any personal representative of the

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72-3-305 . Notice of hearing on petition for formal testacy proceeding. (1) Upon commencement of a formal testacy proceeding, the court or clerk shall fix a time and place of hearing.
(2) Notice shall be given in the manner prescribed by 72-1-301 by the petitioner to the persons herein enumerated and to any additional person who has filed a demand for notice under 72-3-106 of this code. Notice shall be given to the following persons:
(a) the surviving spouse, children, and other heirs of the decedent;
(b) the devisees and executors named in any will that is being or has been probated or offered for informal or formal probate in the county or that is known by the petitioner to have been probated or offered for informal or formal probate elsewhere; and
(c) any personal representative of the decedent whose appointment has not been terminated.
(3) In addition, the petitioner shall give notice by publication to all unknown persons and to all known persons whose addresses are unknown who have any interest in the matters being litigated.
(4) Notice may be given to other persons.