Montana Code Annotated
Part 2. Informal Probate and Appointment Proceedings
72-3-223. Rules for denial of informal appointment

72-3-223. Rules for denial of informal appointment. (1) Unless 72-3-523 controls, the application must be denied if it indicates:
(a) that a personal representative who has not filed a written statement of resignation, as provided in 72-3-525, has been appointed in this or another county of this state;
(b) that, unless the applicant is the domiciliary personal representative or the domiciliary personal representative's nominee, the decedent was not domiciled in this state and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile; or
(c) that other requirements of 72-3-222 have not been met.
(2) If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument that may relate to property subject to the laws of this state and that is not filed for probate in this court, the clerk shall decline the application.
History: En. 91A-3-308, 91A-3-311 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-308(2), 91A-3-311; amd. Sec. 2324, Ch. 56, L. 2009.

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