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.

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Terms Used In Montana Code 72-3-215

  • Decedent: A deceased person.
  • Probate: Proving a will

(2)Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding.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.