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.
| EnactedEn. 91A-3-303 by SectionSec. 1, ChapterCh. 365, Laws ofL. 1974 |
| AmendedAmd. SectionSec. 2, ChapterCh. 516, Laws ofL. 1975 |
| Revised Codes of MontanaR.C.M. 1947, 91A-3-303(1) |
| AmendedAmd. SectionSec. 73, ChapterCh. 494, Laws ofL. 1993 |
| AmendedAmd. SectionSec. 3, ChapterCh. 410, Laws ofL. 2005 (SB 435 - Wheat, Mike (D) SD 32) |