reglab/housing_qa huggingface dataset:
MT Code § 72-3-201 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 2. Informal Probate and Appointment Proceedings|72-3-201. Applications to be verified

  72-3-201. Applications to be verified. Applications for informal probate or informal appointment must be directed to the clerk and verified by the applicant to be accurate and complete to the best of the applicant's knowledge and belief as to the information required by 72-3-202 through 72-3-205. By verifying an application for informal probate or informal appointment, the applicant submits personally to the jurisdiction of the court in any proceeding for relief from fraud relating to the application, or for perjury, that may be instituted against the applicant.   History: En. 91A-3-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-301(part); amd. Sec. 2318, Ch. 56, L. 2009; amd. Sec. 60, Ch. 313, L. 2019.
MT Code § 72-3-202 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 2. Informal Probate and Appointment Proceedings|72-3-202. Required contents of application

  72-3-202. Required contents of application. Every application for informal probate of a will or for informal appointment of a personal representative, other than a special, ancillary, or successor representative, must contain the following:   (1) a statement of the interest of the applicant;   (2) the name and date of death of the decedent, the decedent's age, and the county and state of the decedent's domicile at the time of death and the names and addresses of the spouse, children, heirs, and devisees and the ages of any who are minors so far as known or ascertainable with reasonable diligence by the applicant;   (3) if the decedent was not domiciled in the state at the time of death, a statement showing venue;   (4) a statement identifying and indicating the address of any personal representative of the decedent appointed in this state or elsewhere whose appointment has not been terminated;   (5) a statement indicating whether the applicant has received a demand for notice or is aware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere; and   (6) that the time limit for informal probate or appointment as provided in this chapter has not expired either because 3 years or less have passed since the decedent's death, or, if more than 3 years from death have passed, circumstances as described by 72-3-122 have occurred authorizing tardy probate or appointment.   History: En. 91A-3-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-301(1); amd. Sec. 2319, Ch. 56, L. 2009; amd. Sec. 61, Ch. 313, L. 2019.
MT Code § 72-3-203 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 2. Informal Probate and Appointment Proceedings|72-3-203. Probate and appointment under will -- additional information required

  72-3-203. Probate and appointment under will -- additional information required. (1) An application for informal probate of a will must state the following in addition to the statements required by 72-3-202:   (a) that the original of the decedent's last will is in the possession of the court or accompanies the application, that an authenticated copy of a will probated in another jurisdiction accompanies the application, or that an authenticated copy of a will filed without probate in another jurisdiction and proved, as provided in 72-3-220, accompanies the application;   (b) that the applicant to the best of the applicant's knowledge believes the will to have been validly executed;   (c) that after the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the will and that the applicant believes that the instrument that is the subject of the application is the decedent's last will.   (2) An application for informal appointment of a personal representative to administer an estate under a will must describe the will by date of execution and state the time and place of probate or the pending application or petition for probate. The application for appointment must adopt the statements in the application or petition for probate and state the name, address, and priority for appointment of the person whose appointment is sought.   History: En. 91A-3-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-301(2), (3); amd. Sec. 2, Ch. 410, L. 2005; amd. Sec. 62, Ch. 313, L. 2019.
MT Code § 72-3-204 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 2. Informal Probate and Appointment Proceedings|72-3-204. Appointment in intestacy -- additional information required

  72-3-204. Appointment in intestacy -- additional information required. An application for informal appointment of an administrator in intestacy must state in addition to the statements required by 72-3-202:   (1) that after the exercise of reasonable diligence, the applicant is unaware of any unrevoked testamentary instrument relating to property having a situs in this state under 72-1-201 or a statement why any instrument of which the applicant may be aware is not being probated;   (2) the priority of the person whose appointment is sought and the names of any other persons having a prior or equal right to the appointment under 72-3-501 through 72-3-508.   History: En. 91A-3-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-301(4); amd. Sec. 2320, Ch. 56, L. 2009.
MT Code § 72-3-205 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 2. Informal Probate and Appointment Proceedings|72-3-205. Application for appointment of successor personal representative

  72-3-205. Application for appointment of successor personal representative. (1) An application for appointment of a personal representative to succeed a personal representative appointed under a different testacy status shall refer to the order in the most recent testacy proceeding, state the name and address of the person whose appointment is sought and of the person whose appointment will be terminated if the application is granted, and describe the priority of the applicant.   (2) An application for appointment of a personal representative to succeed a personal representative who has tendered a resignation as provided in 72-3-525 or whose appointment has been terminated by death or removal shall adopt the statements in the application or petition which led to the appointment of the person being succeeded except as specifically changed or corrected, state the name and address of the person who seeks appointment as successor, and describe the priority of the applicant.   History: En. 91A-3-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-301(5), (6).
MT Code § 72-3-206 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 2. Informal Probate and Appointment Proceedings|72-3-206. through 72-3-210 reserved

  72-3-206 through 72-3-210 reserved.
MT Code § 72-3-211 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 2. Informal Probate and Appointment Proceedings|72-3-211. Informal probate -- notice requirements

  72-3-211. Informal probate -- notice requirements. (1) The moving party shall give notice, as described by 72-1-301, of the application for informal probate:   (a) to any person demanding it pursuant to 72-3-106; and   (b) to any personal representative of the decedent whose appointment has not been terminated.   (2) No other notice of informal probate is required.   History: En. 91A-3-306 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-306; amd. Sec. 2321, Ch. 56, L. 2009.
MT Code § 72-3-212 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 2. Informal Probate and Appointment Proceedings|72-3-212. Informal probate -- clerk to make findings

  72-3-212. Informal probate -- clerk to make findings. In an informal proceeding for original probate of a will, the clerk shall determine whether:   (1) the application is complete;   (2) the applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief;   (3) the applicant appears from the application to be an interested person as defined in 72-1-103;   (4) on the basis of the statements in the application, venue is proper;   (5) an original, duly executed, and apparently unrevoked will, an authenticated copy of a will probated in another jurisdiction, or an authenticated copy of a will filed without probate in another jurisdiction and proved, as provided in 72-3-220, is in the clerk's possession;   (6) any notice required by 72-3-106 has been given and that the application is not within 72-3-213(5); and   (7) it appears from the application that the time limit for original probate has not expired.   History: En. 91A-3-303 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 2, Ch. 516, L. 1975; R.C.M. 1947, 91A-3-303(1); amd. Sec. 73, Ch. 494, L. 1993; amd. Sec. 3, Ch. 410, L. 2005.
MT Code § 72-3-213 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 2. Informal Probate and Appointment Proceedings|72-3-213. Rules for grant or denial of informal probate

  72-3-213. Rules for grant or denial of informal probate. (1) A will that appears to have the required signatures and that contains an attestation clause showing that requirements of execution under 72-2-522 or 72-2-526 have been met must be probated without further proof. In other cases the clerk may assume execution if the will appears to be properly executed or may accept a sworn statement or affidavit of any person having knowledge of the circumstances of execution, whether or not the person was a witness to the will.   (2) The application must be denied if it indicates that a personal representative has been appointed in another county of this state or, except as provided in subsection (3), if it appears that this or another will of the decedent has been the subject of a previous probate order.   (3) Informal probate of a will that has been previously probated elsewhere may be granted at any time upon written application by any interested person, together with deposit of an authenticated copy of the will and of the statement probating it from the office or court where it was first probated.   (4) A will from a place that does not provide for probate of a will after death and that is not eligible for probate under 72-3-212 may be probated in this state upon receipt by the clerk of a duly authenticated copy of the will and a duly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of the other place.   (5) Application for informal probate that relates to one or more of a known series of testamentary instruments (other than a will and one or more codicils to the will), the latest of which does not expressly revoke the earlier, must be declined.   History: (1) thru (4)En. 91A-3-303 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 2, Ch. 516, L. 1975; Sec. 91A-3-303, R.C.M. 1947; (5)En. 91A-3-304 by Sec. 1, Ch. 365, L. 1974; Sec. 91A-3-304, R.C.M. 1947; R.C.M. 1947, 91A-3-303(2) thru (5), 91A-3-304; amd. Sec. 10, Ch. 582, L. 1989; amd. Sec. 74, Ch. 494, L. 1993.
MT Code § 72-3-214 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 2. Informal Probate and Appointment Proceedings|72-3-214. Power of clerk to deny informal probate -- effect of denial

  72-3-214. Power of clerk to deny informal probate -- effect of denial. (1) If the clerk is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of 72-3-212 and 72-3-213 or any other reason, the clerk may decline the application.   (2) A declination of informal probate is not an adjudication and does not preclude formal probate proceedings.   History: En. 91A-3-305 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-305; amd. Sec. 2322, Ch. 56, L. 2009.
MT Code § 72-3-215 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 2. Informal Probate and Appointment Proceedings|72-3-215. Clerk to issue statement of informal probate -- effect -- procedural defect not to void probate

  72-3-215. Clerk to issue statement of informal probate -- effect -- procedural defect not to void probate. (1) Upon receipt of an application requesting informal probate of a will, the clerk, upon making the findings required by 72-3-212 and 72-3-213, shall issue a written statement of informal probate if at least 120 hours have elapsed since the decedent's death.   (2) Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding.   (3) No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void.   History: En. 91A-3-302 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-302.
MT Code § 72-3-216 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 2. Informal Probate and Appointment Proceedings|72-3-216. through 72-3-219 reserved

  72-3-216 through 72-3-219 reserved.
MT Code § 72-3-220 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 2. Informal Probate and Appointment Proceedings|72-3-220. Nondomiciliary decedent -- will filed and not probated in domiciliary state

  72-3-220. Nondomiciliary decedent -- will filed and not probated in domiciliary state. A will of a nondomiciliary decedent that has been filed and not probated in a court in the domiciliary state may be proved for probate in this state by an authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has been filed and not submitted for probate in the court in the domiciliary state.   History: En. Sec. 1, Ch. 410, L. 2005.
MT Code § 72-3-221 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 2. Informal Probate and Appointment Proceedings|72-3-221. Informal appointment -- notice requirements

  72-3-221. Informal appointment -- notice requirements. (1) The moving party shall give notice, as described by 72-1-301, of the party's intention to seek an appointment informally:   (a) to any person demanding it pursuant to 72-3-106; and   (b) to any person having a prior or equal right to appointment not waived in writing and filed with the court.   (2) No other notice of an informal appointment proceeding is required.   History: En. 91A-3-310 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-310; amd. Sec. 2323, Ch. 56, L. 2009.
MT Code § 72-3-222 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 2. Informal Probate and Appointment Proceedings|72-3-222. Informal appointment -- clerk to make findings

  72-3-222. Informal appointment -- clerk to make findings. In informal appointment proceedings, the clerk shall determine whether:   (1) the application for informal appointment of a personal representative is complete;   (2) the applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief;   (3) the applicant appears from the application to be an interested person as defined in 72-1-103;   (4) on the basis of the statements in the application, venue is proper;   (5) any will to which the requested appointment relates has been formally or informally probated, but this requirement does not apply to the appointment of a special administrator;   (6) any notice required by 72-3-106 has been given;   (7) from the statements in the application, the person whose appointment is sought has priority entitling the person to the appointment.   History: En. 91A-3-308 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-308(1); amd. Sec. 75, Ch. 494, L. 1993.
MT Code § 72-3-223 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 2. Informal Probate and Appointment Proceedings|72-3-223. Rules for denial of informal appointment

  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.   History: En. 91A-3-308, 91A-3-311 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-308(2), 91A-3-311; amd. Sec. 2324, Ch. 56, L. 2009.
MT Code § 72-3-224 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 2. Informal Probate and Appointment Proceedings|72-3-224. Informal appointment -- power of clerk to deny -- effect of denial

  72-3-224. Informal appointment -- power of clerk to deny -- effect of denial. (1) If the clerk is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of 72-3-222, 72-3-223, and 72-3-225 or for any other reason, the clerk may decline the application.   (2) A declination of informal appointment is not an adjudication and does not preclude appointment in formal proceedings.   History: En. 91A-3-309 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-309; amd. Sec. 2325, Ch. 56, L. 2009.
MT Code § 72-3-225 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 2. Informal Probate and Appointment Proceedings|72-3-225. Duty of clerk to make appointment -- effect

  72-3-225. Duty of clerk to make appointment -- effect. (1) Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in 72-3-701, if at least 120 hours have elapsed since the decedent's death, the clerk, after making the findings required by 72-3-222 and 72-3-223, shall appoint the applicant subject to qualification and acceptance. However, if the decedent was a nonresident, the clerk shall delay the order of appointment until 30 days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant or unless the decedent's will directs that the decedent's estate be subject to the laws of this state.   (2) The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment and the office of personal representative created by the appointment are subject to termination, as provided in 72-3-521 through 72-3-526, but are not subject to retroactive vacation.   History: En. 91A-3-307 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-307; amd. Sec. 2326, Ch. 56, L. 2009.
MT Code § 72-3-301 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 3. Formal Testacy and Appointment Proceedings|72-3-301. Petition for formal testacy or appointment -- contents -- last will

  72-3-301. Petition for formal testacy or appointment -- contents -- last will. (1) Petitions for formal probate of a will or for adjudication of intestacy with or without request for appointment of a personal representative must be directed to the court, request a judicial order after notice and hearing, and contain further statements as indicated in this section. A petition for formal probate of a will:   (a) requests an order as to the testacy of the decedent in relation to a particular instrument that may or may not have been informally probated and determining the heirs;   (b) contains the statements required for informal applications as stated in 72-3-202 and the statements required by 72-3-203(1)(b) and (1)(c); and   (c) states whether the original of the last will of the decedent is in the possession of the court or accompanies the petition. If the original will is not in the possession of the court or does not accompany the petition, if an authenticated copy of a will probated in another jurisdiction does not accompany the petition, or if an authenticated copy of a will filed without probate in another jurisdiction and proved, as provided in 72-3-320, does not accompany the petition, the petition also must state the contents of the will and indicate that it is lost, destroyed, or otherwise unavailable.   (2) A petition for adjudication of intestacy and appointment of an administrator in intestacy must request a judicial finding and order that the decedent left no will and determining the heirs, contain the statements required by 72-3-202 and 72-3-204, and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting the appointment of an administrator, in which case the statements required by 72-3-204(2) may be omitted.   History: En. 91A-3-402 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-402; amd. Sec. 4, Ch. 410, L. 2005.
MT Code § 72-3-302 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 3. Formal Testacy and Appointment Proceedings|72-3-302. Formal testacy proceedings -- nature -- how and when commenced

  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.   History: En. 91A-3-401 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-401(part); amd. Sec. 2327, Ch. 56, L. 2009.