{"data":{"id":"us-mt/72-3-212","jurisdiction":"us-mt","citation":"72-3-212","heading":"Informal probate -- clerk to make findings.","body":"In an informal proceeding for original probate of a will, the clerk shall determine whether:\n(1) the application is complete;\n(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;\n(3) the applicant appears from the application to be an interested person as defined in 72-1-103;\n(4) on the basis of the statements in the application, venue is proper;\n(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;\n(6) any notice required by 72-3-106 has been given and that the application is not within 72-3-213(5); and\n(7) it appears from the application that the time limit for original probate has not expired.","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION","Part 2. Informal Probate and Appointment Proceedings"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0020/section_0120/0720-0030-0020-0120.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:01Z","sha256":"704c3805e81f1438a623ea5b0ea10964dc7e32a87d4e3195aec2ae61cc76f666","source_id":"us-mt","stale":false,"prev":"us-mt/72-3-211","next":"us-mt/72-3-213"},"notice":"GroundRules: Original legal text. Not legal advice."}