Montana § 72-3-302 - Formal Testacy Proceedings -- Nature -- How And When Commenced
Full text of Montana Montana Code Annotated § 72-3-302 — Formal Testacy Proceedings -- Nature -- How And When Commenced, with citation guidance and answers to common questions.
§ 72-3-302. Formal Testacy Proceedings -- Nature -- How And When Commenced
Formal testacy proceedings -- nature -- how and when commenced. (1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. (2) A formal testacy proceeding may be commenced by an interested person filing a petition: (a) as described in 72-3-301 (1) in which the person requests that the court, after notice and hearing, enter an order probating a will; (b) to set aside an informal probate of a will or to prevent informal probate of a will that is the subject of a pending application; or (c) for an order that the decedent died intestate. (3) A petition may seek formal probate of a will without regard to whether the will or a conflicting will has been informally probated. (4) A formal testacy proceeding may but need not involve a request for appointment of a personal representative.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 72-3-302
What does Montana Code Annotated § 72-3-302 cover?
Section 72-3-302 ("Formal Testacy Proceedings -- Nature -- How And When Commenced") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 72-3-302?
A common citation format is "Montana Code Annotated § 72-3-302" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 72-3-302 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.