Montana Code 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:
Terms Used In Montana Code 72-3-212
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Probate: Proving a will
- Venue: The geographical location in which a case is tried.
(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.