Power of clerk to deny informal probate -- effect of denial

  1. Law
  2. Montana Code Annotated
  3. Estates, Trusts, and Fiduciary Relationships
  4. Upc -- Probate and Administration
  5. Informal Probate and Appointment Proceedings
  6. Power of clerk to deny informal probate -- effect of denial

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72-3-214. Power of clerk to deny informal probate -- effect of denial. (1) If the clerk is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of 72-3-212 and 72-3-213 or any other reason, the clerk may decline the application.

(2) A declination of informal probate is not an adjudication and does not preclude formal probate proceedings.

History: En. 91A-3-305 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-305; amd. Sec. 2322, Ch. 56, L. 2009.


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