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2019 Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 3. Upc -- Probate and Administration
Part 2. Informal Probate and Appointment Proceedings
72-3-215. Clerk to issue statement of informal probate -- effect -- procedural defect not to void probate
Universal Citation: MT Code § 72-3-215 (2019)
72-3-215. Clerk to issue statement of informal probate -- effect -- procedural defect not to void probate. (1) Upon receipt of an application requesting informal probate of a will, the clerk, upon making the findings required by 72-3-212 and 72-3-213, shall issue a written statement of informal probate if at least 120 hours have elapsed since the decedent's death.
(2) Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding.
(3) No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void.
History: En. 91A-3-302 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-302.
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