Montana § 72-3-212 - Informal Probate -- Clerk To Make Findings

§ 72-3-212. Informal Probate -- Clerk To Make Findings

Informal probate -- clerk to make findings. In an informal proceeding for original probate of a will, the clerk shall determine whether: (1) the application is complete; (2) the applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief; (3) the applicant appears from the application to be an interested person as defined in 72-1-103 ; (4) on the basis of the statements in the application, venue is proper; (5) an original, duly executed, and apparently unrevoked will, an authenticated copy of a will probated in another jurisdiction, or an authenticated copy of a will filed without probate in another jurisdiction and proved, as provided in 72-3-220 , is in the clerk's possession; (6) any notice required by 72-3-106 has been given and that the application is not within 72-3-213 (5); and (7) it appears from the application that the time limit for original probate has not expired.