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.
(2) Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding.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.
History: En. 91A-3-302 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-302.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 3. Upc -- Probate and Administration
Part 2. Informal Probate and Appointment Proceedings
72-3-201. Applications to be verified
72-3-202. Required contents of application
72-3-203. Probate and appointment under will -- additional information required
72-3-204. Appointment in intestacy -- additional information required
72-3-205. Application for appointment of successor personal representative
72-3-206. through 72-3-210 reserved
72-3-211. Informal probate -- notice requirements
72-3-212. Informal probate -- clerk to make findings
72-3-213. Rules for grant or denial of informal probate
72-3-214. Power of clerk to deny informal probate -- effect of denial
72-3-216. through 72-3-219 reserved
72-3-220. Nondomiciliary decedent -- will filed and not probated in domiciliary state
72-3-221. Informal appointment -- notice requirements
72-3-222. Informal appointment -- clerk to make findings
72-3-223. Rules for denial of informal appointment
72-3-224. Informal appointment -- power of clerk to deny -- effect of denial