Montana Code 72-3-302. Formal testacy proceedings — nature — how and when commenced
72-3-302. Formal testacy proceedings — nature — how and when commenced. (1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will.
Terms Used In Montana Code 72-3-302
- Decedent: A deceased person.
- Intestate: Dying without leaving a will.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Probate: Proving a will
(2)A formal testacy proceeding may be commenced by an interested person filing a petition:
(a)as described in 72-3-301(1) in which the person requests that the court, after notice and hearing, enter an order probating a will;
(b)to set aside an informal probate of a will or to prevent informal probate of a will that is the subject of a pending application; or
(c)for an order that the decedent died intestate.
(3)A petition may seek formal probate of a will without regard to whether the will or a conflicting will has been informally probated.
(4)A formal testacy proceeding may but need not involve a request for appointment of a personal representative.