72-3-313. Order for formal probate. (1) After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, that venue is proper, and that the proceeding was commenced within the limitation prescribed by 72-3-122, it shall determine the decedent's domicile at death, the decedent's heirs, and the decedent's state of testacy. Any will found to be valid and unrevoked must be formally probated.
(2) Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by 72-3-523.
(3) The petition must be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead.
History: En. 91A-3-409 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-409(part); amd. Sec. 2332, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 3. Upc -- Probate and Administration
Part 3. Formal Testacy and Appointment Proceedings
72-3-301. Petition for formal testacy or appointment -- contents -- last will
72-3-302. Formal testacy proceedings -- nature -- how and when commenced
72-3-303. Formal proceeding supersedes all informal applications
72-3-304. Effect of formal proceeding on power of informally appointed personal representative
72-3-305. Notice of hearing on petition for formal testacy proceeding
72-3-306. Notice and procedure when fact of death in doubt
72-3-307. Hearings and proof in uncontested cases
72-3-308. Written objections to probate
72-3-310. Burdens in contested cases
72-3-311. Priority of determinations in contested cases
72-3-312. Effect of final order in another state
72-3-313. Order for formal probate
72-3-314. Probate of more than one instrument -- order
72-3-315. Order of partial intestacy
72-3-316. Will from place where probate unprovided for
72-3-318. Modification or vacation for other cause
72-3-319. Formal appointment proceedings
72-3-320. Nondomiciliary decedent -- will filed and not probated in domiciliary state