Montana Code 72-3-222. Informal appointment — clerk to make findings
72-3-222. Informal appointment — clerk to make findings. In informal appointment proceedings, the clerk shall determine whether:
Terms Used In Montana Code 72-3-222
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Venue: The geographical location in which a case is tried.
(1)the application for informal appointment of a personal representative 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)any will to which the requested appointment relates has been formally or informally probated, but this requirement does not apply to the appointment of a special administrator;
(6)any notice required by 72-3-106 has been given;
(7)from the statements in the application, the person whose appointment is sought has priority entitling the person to the appointment.