Petition for Probate of Will and for Letters Testamentary - Montana

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

MONTANA [____] JUDICIAL DISTRICT COURT, [COUNTY] COUNTY

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees and Beneficiaries
7. Heirs at Law Entitled to Notice
8. Nomination, Priority, and Qualification
9. Bond
10. Prayer for Relief
11. Verification
12. Notice of Hearing / Certificate of Service
13. Attachments Checklist

1. CAPTION AND CASE INFORMATION

IN THE MATTER OF THE ESTATE OF:

[DECEDENT FULL LEGAL NAME], also known as [AKA, if any], Deceased.

Cause No.: [____________________________________]

Hearing Date: [__/__/____] Time: [____] Dept.: [____]

Type of proceeding: Formal Testacy and Appointment (Mont. Code Ann. § 72-3-301)

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Montana [ZIP CODE]
Telephone: [________________________________]
Capacity / Interest of Petitioner: ☐ Person nominated as personal representative in the Will ☐ Devisee ☐ Heir ☐ Creditor ☐ Other interested person: [________________]
Relationship to Decedent: [RELATIONSHIP]

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died testate on [__/__/____], leaving a Last Will and Testament dated [__/__/____].

b. Venue is proper under Mont. Code Ann. § 72-1-203 because:
☐ the Decedent was domiciled in Montana at death, in [COUNTY] County; or
☐ the Decedent was not domiciled in Montana at death and owned property located in [COUNTY] County.

c. This petition is for formal probate of the Will and a judicial order, after notice and hearing, as to the testacy of the Decedent and determining the heirs (Mont. Code Ann. § 72-3-301(1)).

d. This proceeding is timely under Mont. Code Ann. § 72-3-122: ☐ three years or less have passed since the Decedent's death; or ☐ a statutory exception applies, as follows: [________________________________].

e. Demands for notice under Mont. Code Ann. § 72-3-106: ☐ none known after reasonable inquiry; or ☐ listed and attached: [________________________________].

f. ☐ No personal representative of the Decedent has been appointed in Montana or elsewhere whose appointment has not been terminated (Mont. Code Ann. § 72-3-202(4)).

5. THE WILL OFFERED FOR PROBATE

a. The Decedent executed a Last Will and Testament on [__/__/____] ☐ together with [____] codicil(s) dated [__/__/____].

b. ☐ The original Will is in the possession of the Court. ☐ The original Will accompanies this petition (Mont. Code Ann. § 72-3-301(1)(c)).

c. The Will was attested by the following subscribing witnesses:

d. Proof of the Will:
☐ The Will is self-proved under Mont. Code Ann. § 72-2-524.
☐ The Will is not self-proved; Petitioner will present proof permitted by Mont. Code Ann. § 72-3-307.

e. Petitioner believes the Will to have been validly executed, and after reasonable diligence is unaware of any instrument revoking it; Petitioner believes the instrument offered is the Decedent's last will (Mont. Code Ann. § 72-3-203(1)).

6. DEVISEES AND BENEFICIARIES

The devisees named to take under the Will, so far as known or ascertainable with reasonable diligence (Mont. Code Ann. § 72-3-202(2)):

7. HEIRS AT LAW ENTITLED TO NOTICE

The Decedent's surviving spouse, children, and other heirs, so far as known or ascertainable (Mont. Code Ann. § 72-3-202(2)):

☐ Surviving spouse: [NAME]

8. NOMINATION, PRIORITY, AND QUALIFICATION

a. The Will nominates [PETITIONER FULL LEGAL NAME] as personal representative (executor).

b. Under Mont. Code Ann. § 72-3-502(1), the person with priority as determined by a probated will, including a person nominated by a power conferred in the will, has first priority for appointment.

c. Petitioner is qualified to serve under Mont. Code Ann. § 72-3-501.

9. BOND

a. Under Mont. Code Ann. § 72-3-513, the Court may require bond in a formal proceeding. A Will provision relieving the personal representative of bond controls unless an interested party requests bond and the Court finds it desirable; the Court may also dispense with a Will-required bond if it finds bond unnecessary.

☐ The Will relieves the personal representative of bond, no interested party has requested bond, and Petitioner requests appointment without bond.
☐ The Will requires bond. Petitioner requests: ☐ bond as directed by the Court ☐ an order dispensing with bond as unnecessary.
☐ An interested person has filed a written demand for bond under Mont. Code Ann. § 72-3-514.
☐ Petitioner requests that the Court determine whether bond is required in this formal proceeding.

Estimated amount of bond, if required: $[________________]

10. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court, after notice and hearing:

a. Enter an order of formal probate determining the Decedent died testate and admitting the Last Will dated [__/__/____] (and any codicil) to probate (Mont. Code Ann. § 72-3-313);

b. Determine the heirs of the Decedent;

c. Appoint Petitioner as personal representative in the formal appointment proceeding under Mont. Code Ann. § 72-3-319, with priority determined under Mont. Code Ann. § 72-3-502;

d. Direct issuance of Letters Testamentary after Petitioner qualifies by filing any required bond and a statement of acceptance under Mont. Code Ann. § 72-3-512;

e. Require bond or dispense with bond under Mont. Code Ann. §§ 72-3-513 and 72-3-514, as appropriate;

f. Grant such other and further relief as the Court deems just and proper.

11. VERIFICATION

Under penalty of perjury, I, [PETITIONER FULL LEGAL NAME], declare that I have read the foregoing Petition and that its representations are true as far as I know or am informed, as required by Mont. Code Ann. § 72-1-310.

Dated: [__/__/____]

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

12. NOTICE OF HEARING / CERTIFICATE OF SERVICE

Upon commencement of this formal testacy proceeding, the Court shall fix the time and place of hearing. Under Mont. Code Ann. §§ 72-3-305 and 72-1-301, notice must be mailed or personally delivered at least 14 days before the hearing to the surviving spouse, children, other heirs, devisees and executors named in any Will being or previously probated or offered for probate as described in § 72-3-305, and any personal representative whose appointment has not terminated. Notice by publication to unknown persons and known persons whose addresses are unknown must be published once a week for three successive weeks; at least ten days must pass between the first and last publication.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Montana Bar No.: [________________] (if applicable)
Firm / Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

13. ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament (and any codicils) (Mont. Code Ann. § 72-3-301(1)(c))
☐ Self-proving affidavit under Mont. Code Ann. § 72-2-524 (if applicable)
☐ Certified copy of Death Certificate
☐ Notice of Hearing (Mont. Code Ann. § 72-3-305) and proof of mailing / publication
☐ Statement of Acceptance and any required Bond (Mont. Code Ann. § 72-3-512)
☐ Proposed Order for Formal Probate and Appointment (Mont. Code Ann. § 72-3-313)
☐ Proposed Letters Testamentary
☐ Statement / oath of personal representative
☐ Filing fee payment

SOURCES AND REFERENCES

• Montana Code Annotated, Title 72 (official current code): https://leg.mt.gov/bills/mca/title_0720/chapters_index.html
• Mont. Code Ann. § 72-1-203 — Venue: https://leg.mt.gov/bills/mca/title_0720/chapter_0010/part_0020/section_0030/0720-0010-0020-0030.html
• Mont. Code Ann. §§ 72-1-208, 72-1-301, and 72-1-310 — jury trial, notice, and verification: https://leg.mt.gov/bills/mca/title_0720/chapter_0010/parts_index.html
• Mont. Code Ann. §§ 72-3-106 and 72-3-122 — demand for notice and time limit: https://leg.mt.gov/bills/mca/title_0720/chapter_0030/part_0010/sections_index.html
• Mont. Code Ann. §§ 72-3-202 and 72-3-203 — incorporated application allegations: https://leg.mt.gov/bills/mca/title_0720/chapter_0030/part_0020/sections_index.html
• Mont. Code Ann. §§ 72-3-301, 72-3-305, 72-3-307, 72-3-313, and 72-3-319 — formal testacy and appointment proceedings: https://leg.mt.gov/bills/mca/title_0720/chapter_0030/part_0030/sections_index.html
• Mont. Code Ann. §§ 72-3-501, 72-3-502, 72-3-512, 72-3-513, and 72-3-514 — qualification, priority, acceptance, and bond: https://leg.mt.gov/bills/mca/title_0720/chapter_0030/part_0050/sections_index.html
• Mont. Code Ann. § 72-2-524 — self-proved Will: https://leg.mt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0240/0720-0020-0050-0240.html