72-1-310. Permitted pleadings — verification required. (1) The following pleadings are permitted in probate proceedings:

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Terms Used In Montana Code 72-1-310

  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • 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

(a)an application, petition, report, or account filed pursuant to this title; and

(b)an objection or response filed pursuant to this title to an application, petition, report, or account.

(2)Except as provided in 25-4-203 regarding verification by an agent or attorney, the verification must be made as follows:

(a)An application must be verified by the applicant or, if there are two or more parties joining the application, by any one of the applicants.

(b)A petition must be verified by the petitioner or, if there are two or more parties joining the petition, by any one of the petitioners.

(c)A report or account must be verified by the person who has the duty to make the report or account or, if there are two or more persons having a duty to make the report or account, by any one of the persons having the duty.

(d)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.