Montana Code 72-38-214. Commencement of proceedings
72-38-214. Commencement of proceedings. (1) A proceeding under this chapter is commenced by filing a verified petition stating facts showing that the petition is authorized under this chapter and the grounds of the petition.
Terms Used In Montana Code 72-38-214
- Decedent: A deceased person.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Montana Code 72-38-103
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Probate: Proving a will
(2)The following pleadings are specifically permitted:
(a)a petition filed pursuant to this chapter;
(b)a report or account filed in regard to a petition filed pursuant to this chapter; and
(c)an objection or response filed in regard to a petition, report, or account filed pursuant to this chapter.
(3)When a petition that requires a hearing is filed with the court clerk, the clerk shall set the matter for hearing.
(4)Except as provided in 25-4-203 regarding verification by an agent or attorney, all pleadings described in subsection (2) must be verified as follows:
(a)A petition must be verified by the petitioner or, if there are two or more parties joining in the petition, by any one of the petitioners.
(b)A report or account must be verified by the person who has the duty to make the report or, if there are two or more persons having a duty to report, by any one of the persons having the duty.
(c)An objection or response must be verified by the objector or respondent or, if there are two or more parties joining in the objection or response, by any one of the objectors or respondents.
(5)In any trust proceeding, an affidavit or verified petition must be received as evidence when offered in an uncontested proceeding under this chapter.
(6)In addition to the verification required by 25-4-203 and subsection (5), every pleading filed in connection with any trust proceeding must be signed by the attorney of the person filing the pleading if the person is represented by an attorney.
(7)Nothing in this chapter precludes the commencement, within a decedent‘s probate, of a trust proceeding for the construction of a testamentary trust, provided the probate has not previously been closed pursuant to Title 72, chapter 3, part 10.