Montana Statutes
§ 72-3-310 — Burdens In Contested Cases
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 3 UPC -- PROBATE AND ADMINISTRATION·Part 3 Formal Testacy and Appointment Proceedings
72-3-310 . Burdens in contested cases. In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases and, if they are also petitioners, prima facie proof of death and venue. Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. Parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof.
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Legislative History
En. 91A-3-407 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-407(part).
Nearby Sections
15
§ 72-3-1005
Final Accounting Required To Close Estate§ 72-3-1006
Repealed§ 72-3-1007
Through 72-3-1010 Reserved§ 72-3-1012
Liability Of Distributees To Claimants§ 72-3-1013
Limitation On Actions Against Distributees§ 72-3-1015
Estate To Be Closed Within Two Years§ 72-3-102
Necessity Of Order Of Probate Of Will