Montana § 72-38-214 - Commencement Of Proceedings
Full text of Montana Montana Code Annotated § 72-38-214 — Commencement Of Proceedings, with citation guidance and answers to common questions.
§ 72-38-214. Commencement Of Proceedings
Commencement of proceedings. (1) A proceeding under this chapter is commenced by filing a verified petition stating facts showing that the petition is authorized under this chapter and the grounds of the petition. (2) The following pleadings are specifically permitted: (a) a petition filed pursuant to this chapter; (b) a report or account filed in regard to a petition filed pursuant to this chapter; and (c) an objection or response filed in regard to a petition, report, or account filed pursuant to this chapter. (3) When a petition that requires a hearing is filed with the court clerk, the clerk shall set the matter for hearing. (4) Except as provided in 25-4-203 regarding verification by an agent or attorney, all pleadings described in subsection (2) must be verified as follows: (a) A petition must be verified by the petitioner or, if there are two or more parties joining in the petition, by any one of the petitioners. (b) A report or account must be verified by the person who has the duty to make the report or, if there are two or more persons having a duty to report, by any one of the persons having the duty. (c) An objection or response must be verified by the objector or respondent or, if there are two or more parties joining in the objection or response, by any one of the objectors or respondents. (5) In any trust proceeding, an affidavit or verified petition must be received as evidence when offered in an uncontested proceeding under this chapter. (6) In addition to the verification required by 25-4-203 and subsection (5), every pleading filed in connection with any trust proceeding must be signed by the attorney of the person filing the pleading if the person is represented by an attorney. (7) Nothing in this chapter precludes the commencement, within a decedent's probate, of a trust proceeding for the construction of a testamentary trust, provided the probate has not previously been closed pursuant to Title 72, chapter 3, part 10.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 72-38-214
What does Montana Code Annotated § 72-38-214 cover?
Section 72-38-214 ("Commencement Of Proceedings") 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 § 72-38-214?
A common citation format is "Montana Code Annotated § 72-38-214" (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 § 72-38-214 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.