72-3-121. Scope of proceedings when no supervised administration -- proceedings independent -- combination of proceedings. Unless supervised administration as described in chapter 3, part 4, is involved:
(1) each proceeding before the court or clerk is independent of any other proceeding involving the same estate;
(2) petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this code, no petition is defective because it fails to embrace all matters which might then be the subject of a final order.
(3) proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives; and
(4) a proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.
History: En. 91A-3-107 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-107.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 3. Upc -- Probate and Administration
72-3-101. Devolution of estate at death -- restrictions
72-3-102. Necessity of order of probate of will
72-3-103. Necessity of appointment for administration
72-3-104. Claims against decedent -- necessity of administration
72-3-105. Interested persons' rights of application and petition
72-3-106. Interested person's right to demand notice of order or filing
72-3-107. and 72-3-108 reserved
72-3-111. Exclusive jurisdiction of court -- binding nature of orders after notice
72-3-112. Venue for estate proceedings
72-3-114. Conflicting claim as to domicile in another state
72-3-115. through 72-3-120 reserved
72-3-122. Time limit on probate, testacy, and appointment proceedings -- exceptions
72-3-123. Statutes of limitation on decedent's cause of action -- applicability
72-3-124. through 72-3-130 reserved
72-3-132. Procedure for securing court approval of compromise