reglab/statecodes huggingface dataset:
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 3. Formal Testacy and Appointment Proceedings › 72-3-303. Formal proceeding supersedes all informal applications

72-3-303. Formal proceeding supersedes all informal applications.
During the pendency of a formal testacy proceeding, the clerk shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent.
History: En. 91A-3-401 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-401(part).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 3. Formal Testacy and Appointment Proceedings › 72-3-304. Effect of formal proceeding on power of informally appointed personal representative

72-3-304. Effect of formal proceeding on power of informally appointed personal representative.
Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, shall refrain from exercising the personal representative's power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of that office and requesting the appointment of a special administrator. In the absence of a request or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.
History: En. 91A-3-401 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-401(part); amd. Sec. 2328, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 3. Formal Testacy and Appointment Proceedings › 72-3-305. Notice of hearing on petition for formal testacy proceeding

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.
History: En. 91A-3-403 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 3, Ch. 516, L. 1975; R.C.M. 1947, 91A-3-403(1).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 3. Formal Testacy and Appointment Proceedings › 72-3-306. Notice and procedure when fact of death in doubt

72-3-306. Notice and procedure when fact of death in doubt.
(1) If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt or on the written demand of any interested person, a copy of the notice of the hearing on the petition must be sent by certified mail to the alleged decedent at the alleged decedent's last-known address. The court shall direct the petitioner to report the results of or make and report back concerning a reasonably diligent search for the alleged decedent in any manner that may seem advisable, including any of the following methods:
(a) by inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent;
(b) by notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the alleged decedent;
(c) by engaging the services of an investigator.
(2) The costs of any search must be paid by the petitioner if there is no administration or by the estate of the decedent if there is administration.
History: En. 91A-3-403 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 3, Ch. 516, L. 1975; R.C.M. 1947, 91A-3-403(2); amd. Sec. 2329, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 3. Formal Testacy and Appointment Proceedings › 72-3-307. Hearings and proof in uncontested cases

72-3-307. Hearings and proof in uncontested cases.
If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of 72-3-313 and 72-3-316 have been met or conduct a hearing in open court and require proof of the matters necessary to support the order sought. If evidence concerning execution of the will is necessary, the affidavit or testimony of one of any attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit.
History: En. 91A-3-405 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-405.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 3. Formal Testacy and Appointment Proceedings › 72-3-308. Written objections to probate

72-3-308. Written objections to probate.
Any party to a formal proceeding who opposes the probate of a will for any reason shall state in the pleadings the party's objections to probate of the will.
History: En. 91A-3-404 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-404; amd. Sec. 2330, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 3. Formal Testacy and Appointment Proceedings › 72-3-309. Repealed

72-3-309. Repealed.
Sec. 105, Ch. 313, L. 2019.
History: En. 91A-3-406 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-406; amd. Sec. 2, Ch. 6, L. 1979.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 3. Formal Testacy and Appointment Proceedings › 72-3-310. Burdens in contested cases

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.
History: En. 91A-3-407 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-407(part).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 3. Formal Testacy and Appointment Proceedings › 72-3-311. Priority of determinations in contested cases

72-3-311. Priority of determinations in contested cases.
If a will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate, and if a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate.
History: En. 91A-3-407 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-407(part).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 3. Formal Testacy and Appointment Proceedings › 72-3-312. Effect of final order in another state

72-3-312. Effect of final order in another state.
A final order of a court of another state determining testacy, the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of this state if it includes or is based upon a finding that the decedent was domiciled at the decedent's death in the state where the order was made.
History: En. 91A-3-408 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-408; amd. Sec. 2331, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 3. Formal Testacy and Appointment Proceedings › 72-3-313. Order for formal probate

72-3-313. Order for formal probate.
(1) After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, that venue is proper, and that the proceeding was commenced within the limitation prescribed by 72-3-122, it shall determine the decedent's domicile at death, the decedent's heirs, and the decedent's state of testacy. Any will found to be valid and unrevoked must be formally probated.
(2) Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by 72-3-523.
(3) The petition must be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead.
History: En. 91A-3-409 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-409(part); amd. Sec. 2332, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 3. Formal Testacy and Appointment Proceedings › 72-3-314. Probate of more than one instrument -- order

72-3-314. Probate of more than one instrument -- order.
(1) If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication.
(2) If more than one instrument is probated, the order shall indicate what provisions control in respect to the nomination of an executor, if any. The order may but need not indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of 72-3-317.
History: En. 91A-3-410 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-410.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 3. Formal Testacy and Appointment Proceedings › 72-3-315. Order of partial intestacy

72-3-315. Order of partial intestacy.
If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect.
History: En. 91A-3-411 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-411.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 3. Formal Testacy and Appointment Proceedings › 72-3-316. Will from place where probate unprovided for

72-3-316. Will from place where probate unprovided for.
A will from a place which does not provide for probate of a will after death may be proved for probate in this state by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place.
History: En. 91A-3-409 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-409(part).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 3. Formal Testacy and Appointment Proceedings › 72-3-318. Modification or vacation for other cause

72-3-318. Modification or vacation for other cause.
For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.
History: En. 91A-3-413 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-413.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 3. Formal Testacy and Appointment Proceedings › 72-3-319. Formal appointment proceedings

72-3-319. Formal appointment proceedings.
(1) A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative or of one who previously has been appointed personal representative in informal proceedings, if an issue concerning the testacy of the decedent is or may be involved, is governed by 72-3-301 as well as by this section. In other cases, the petition shall contain or adopt the statements required by 72-3-202 and describe the question relating to priority or qualification of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment, the previously appointed personal representative, after receipt of notice thereof, shall refrain from exercising any power of administration except as necessary to preserve the estate or unless the court orders otherwise.
(2) After notice to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative, and any person having or claiming priority for appointment as personal representative, the court shall determine who is entitled to appointment under 72-3-501 through 72-3-508, make a proper appointment, and if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under 72-3-526.
History: En. 91A-3-414 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-414.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 3. Formal Testacy and Appointment Proceedings › 72-3-320. Nondomiciliary decedent -- will filed and not probated in domiciliary state

72-3-320. 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.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 3. Formal Testacy and Appointment Proceedings › 72-3-321. Formal testacy proceedings -- contested cases

72-3-321. Formal testacy proceedings -- contested cases.
In a contested case in which the proper execution of a will is at issue, the following rules apply:
(1) If the will is self-proved pursuant to 72-2-524, the will satisfies the requirements for execution without the testimony of any attesting witness, upon filing the will and the acknowledgment and affidavits annexed or attached to it, unless there is evidence of fraud or forgery affecting the acknowledgment or affidavit.
(2) If the will is witnessed pursuant to 72-2-522(1), but not self-proved, the testimony of at least one of the attesting witnesses is required to establish proper execution if the witness is within this state, competent, and able to testify. Proper execution may be established by other evidence, including an affidavit of an attesting witness. An attestation clause that is signed by the attesting witnesses raises a rebuttable presumption that the events recited in the clause occurred.
History: En. Sec. 63, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 4. Supervised Administration › 72-3-401. Supervised administration -- nature and purpose -- presumptive entitlement

72-3-401. Supervised administration -- nature and purpose -- presumptive entitlement.
Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court, which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. A supervised personal representative is responsible to the court, as well as to the interested parties, and is subject to directions concerning the estate made by the court on its own motion or on the motion of any interested party. Except as otherwise provided in this part, or as otherwise ordered by the court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised.
History: En. 91A-3-501 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-501(part); amd. Sec. 9, Ch. 238, L. 2011; amd. Sec. 64, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 4. Supervised Administration › 72-3-402. Petition and order

72-3-402. Petition and order.
(1) A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the prayer for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the priority and qualification of any personal representative have not been adjudicated previously, the petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding and the notice requirements and procedures applicable to a formal testacy proceeding apply. If not previously adjudicated, the court shall adjudicate the testacy of the decedent and questions relating to the priority and qualifications of the personal representative in any case involving a request for supervised administration, even though the request for supervised administration may be denied.
(2) After notice to interested persons, the court shall order supervised administration of a decedent's estate:
(a) if the decedent's will directs supervised administration, unless the court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that there is no necessity for supervised administration;
(b) only upon a finding that it is necessary for protection of persons interested in the estate if the decedent's will directs unsupervised administration; or
(c) in other cases if the court finds that supervised administration is necessary under the circumstances.
History: En. 91A-3-502 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-502.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 4. Supervised Administration › 72-3-403. Effect on other proceedings and previously appointed personal representative

72-3-403. Effect on other proceedings and previously appointed personal representative.
(1) The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or filed after the pending proceeding.
(2) If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervised administration is as provided for formal testacy proceedings by 72-3-303 and 72-3-304.
(3) After a personal representative has received notice of the filing of a petition for supervised administration, a personal representative who has been appointed previously may not exercise the power to distribute any estate. The filing of the petition does not affect the personal representative's other powers and duties unless the court restricts the exercise of any of them pending a full hearing on the petition.
History: En. 91A-3-503 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-503; amd. Sec. 2333, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 4. Supervised Administration › 72-3-404. Powers of personal representative in supervised administration

72-3-404. Powers of personal representative in supervised administration.
Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under this code, but the personal representative may not exercise the power to make any distribution of the estate without prior order of the court. Any other restriction on the power of a personal representative that may be ordered by the court must be endorsed on the personal representative's letters of appointment and unless so endorsed is ineffective as to persons dealing in good faith with the personal representative.
History: En. 91A-3-501, 91A-3-504 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-501(part), 91A-3-504; amd. Sec. 2334, Ch. 56, L. 2009; amd. Sec. 65, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 4. Supervised Administration › 72-3-405. Interim orders

72-3-405. Interim orders.
Interim orders approving or directing partial distributions or granting other relief may be issued by the court at any time during the pendency of a supervised administration on the application of the personal representative or any interested person.
History: En. 91A-3-505 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-505(part).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 4. Supervised Administration › 72-3-406. Closing orders

72-3-406. Closing orders.
Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices, and contents of orders prescribed for proceedings under 72-3-1001 and 72-3-1002.
History: En. 91A-3-505 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-505(part).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-501. Who may not be personal representative

72-3-501. Who may not be personal representative.
No person is qualified to serve as a personal representative who is:
(1) under the age of 18;
(2) a person whom the court finds unsuitable in formal proceedings.
History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(6).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-502. Priorities for appointment

72-3-502. Priorities for appointment.
Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order:
(1) the person with priority as determined by a probated will, including a person nominated by a power conferred in a will;
(2) the surviving spouse of the decedent who is a devisee of the decedent;
(3) the custodial parent of a minor decedent;
(4) other devisees of the decedent;
(5) the surviving spouse of the decedent;
(6) the parent of an adult decedent who was survived by issue, none of whom is an adult;
(7) other heirs of the decedent;
(8) public administrator;
(9) 45 days after the death of the decedent, any creditor.
History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(1); amd. Sec. 1, Ch. 219, L. 1989; amd. Sec. 66, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-503. Objection to appointment

72-3-503. Objection to appointment.
(1) An objection to an appointment can be made only in formal proceedings.
(2) In case of objection the priorities stated in 72-3-502 apply, except that:
(a) if the estate appears to be more than adequate to meet exemptions and costs of administration but inadequate to discharge anticipated unsecured claims, the court, on petition of creditors, may appoint any qualified person;
(b) in case of objection to appointment of a person other than one whose priority is determined by will by an heir or devisee appearing to have a substantial interest in the estate, the court may appoint a person who is acceptable to heirs and devisees whose interests in the estate appear to be worth in total more than half of the probable distributable value or, in default of this accord, any suitable person.
History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(2).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-504. Renunciation -- nomination of other -- two or more persons sharing priority

72-3-504. Renunciation -- nomination of other -- two or more persons sharing priority.
(1) A person entitled to letters under 72-3-502(2) through (7) may nominate a qualified person to act as personal representative.
(2) Any person entitled to letters may renounce the person's right to nominate or to an appointment by appropriate writing filed with the court.
(3) When two or more persons share a priority, those of them who do not renounce shall concur in nominating another to act for them or in applying for appointment. If they are unable to concur in nominating another to act for them or in applying for appointment, the court may appoint any qualified person.
History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(3); amd. Sec. 2335, Ch. 56, L. 2009; amd. Sec. 67, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-505. Rights of conservators relating to appointment

72-3-505. Rights of conservators relating to appointment.
Conservators of the estates of protected persons or, if there is no conservator, any guardian except a guardian ad litem of a minor or incapacitated person may exercise the same right to nominate, to object to another's appointment, or to participate in determining the preference of a majority in interest of the heirs and devisees that the protected person or ward would have if qualified for appointment.
History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(4).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-506. Priority of domiciliary personal representative

72-3-506. Priority of domiciliary personal representative.
A personal representative appointed by a court of the decedent's domicile has priority over all other persons, except where the decedent's will nominates different persons to be personal representative in this state and in the state of domicile. The domiciliary personal representative may nominate another, who shall have the same priority as the domiciliary personal representative.
History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(7).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-507. Appointment of one not having priority

72-3-507. Appointment of one not having priority.
Appointment of one who does not have priority, including priority resulting from renunciation or nomination determined pursuant to 72-3-504, may be made only in formal proceedings. Before appointing one without priority, the court must determine that those having priority, although given notice of the proceedings, have failed to request appointment or to nominate another for appointment and that administration is necessary.
History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(5).