Mont. Code Ann.
» TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 1. UNIFORM PROBATE CODE GENERAL PROVISIONS · Part 2. Scope, Jurisdiction, and Courts
Notes of Decisions
In Re the Est. of Lambert, 2006 MT 228 (Mont. 2006).
· cites it 7× “The court maintained that it had jurisdiction pursuant to § 72-1-202, MCA, that provides for jurisdiction to the full extent permitted by the Constitution “over all subject matter relating to .”
Matter of Est. of Pegg, 680 P.2d 316 (Mont. 1984).
· cites it 5× “Specifically, respondent relies *83 upon Section 72-1-202(2), MCA, (Unif. Probate Code Section 1-302), which gives the court authority “to make orders, judgments, anddecrees and take all other action necessary and proper to administer justice in the matters which come before it”…”
Est. of Haugen v. Haugen, 2008 MT 304 (Mont. 2008).
· cites it 16× “¶6 Linda and Marilyn now appeal this decision of the District Court. They argue, in part, that Judge Phillips was without subject matter jurisdiction to entertain Audrey’s verified petition due to the limited subject matter jurisdiction of district courts sitting in probate…”
Est. of Carl Scott, 2023 MT 97 (Mont. 2023).
· cites it 4× ““The Daughters seek not a construction of the will or a determination of heirs and successors, § 72-1-202, MCA, but a judgment to enforce a contract the decedent made during his lifetime to dispose of his property in a certain way.”
Est. of G. Williams, 2023 MT 72 (Mont. 2023).
· cites it 3× “as the subject matter jurisdiction conferred to it by statute: (1) To the full extent permitted by the constitution, the court has jurisdiction over all subject matter relating to: (a) estates of decedents, including construction of wills and determination of heirs and…”
Matter of Est. of Wilhelm, 760 P.2d 718 (Mont. 1988).
· cites it 3× “Section 72-1-202(2), MCA. The conclusion is thus inescapable that the state District Court properly had jurisdiction over the assets of the estate.”
Est. of Darlene Wilcock, 2007 MT 313N (Mont. 2007).
· cites it 2× “¶9 Brandi and Holly further suggest that § 72-1-202, MCA, a provision of Montana’s Uniform Probate Code, grants the court with subject matter jurisdiction over all matters relating to Darlene’s estate.”
Matter of: R.E. Colver, 2025 MT 146 (Mont. 2025).
· cites it 9× “¶15 A district court sitting in probate has limited, not general, subject matter jurisdiction as provided by § 72-1-202, MCA. Estate of Scott, ¶ 10. The types of cases a probate court may hear consist of matters related to “estates of decedents, including construction of wills…”
Benjamin v. Benjamin, 2013 MT 293N (Mont. 2013).
“¶9 Because the estate was probated in the Ninth Judicial District Court in a case with a separate cause number, the district court that probated the estate, rather than the District Court in this cause, had subject matter jurisdiction over the estate pursuant to §…”
Est. of Sean Thomas, 2026 MT 66 (Mont. 2026).
· cites it 3× “See § 72-1-202, MCA; In re Estate of Cooney, 2019 MT 293 , ¶ 7, 398 Mont.”
Wilson v. Stamper, 2024 MT 94N (Mont. 2024).
· cites it 2× “They contend Appellants’ advocacy for completely new law on probate jurisdiction risks inconsistent results, would lead to confusion, and is “a tacit acknowledgement that their position lacks merit.”
— Mont. Code Ann. § 72-1-202(1) — 1 case
Est. of Haugen v. Haugen, 2008 MT 304 (Mont. 2008).
“¶6 Linda and Marilyn now appeal this decision of the District Court. They argue, in part, that Judge Phillips was without subject matter jurisdiction to entertain Audrey’s verified petition due to the limited subject matter jurisdiction of district courts sitting in probate…”
— Mont. Code Ann. § 72-1-202(1)(a) — 5 cases
Est. of Carl Scott, 2023 MT 97 (Mont. 2023).
““The Daughters seek not a construction of the will or a determination of heirs and successors, § 72-1-202, MCA, but a judgment to enforce a contract the decedent made during his lifetime to dispose of his property in a certain way.”
Benjamin v. Benjamin, 2013 MT 293N (Mont. 2013).
“¶9 Because the estate was probated in the Ninth Judicial District Court in a case with a separate cause number, the district court that probated the estate, rather than the District Court in this cause, had subject matter jurisdiction over the estate pursuant to §…”
Matter of: R.E. Colver, 2025 MT 146 (Mont. 2025).
“¶15 A district court sitting in probate has limited, not general, subject matter jurisdiction as provided by § 72-1-202, MCA. Estate of Scott, ¶ 10. The types of cases a probate court may hear consist of matters related to “estates of decedents, including construction of wills…”
Est. of Sean Thomas, 2026 MT 66 (Mont. 2026).
“See § 72-1-202, MCA; In re Estate of Cooney, 2019 MT 293 , ¶ 7, 398 Mont.”
— Mont. Code Ann. § 72-1-202(1)(b) — 1 case
— Mont. Code Ann. § 72-1-202(2) — 3 cases
Matter of Est. of Pegg, 680 P.2d 316 (Mont. 1984).
“Specifically, respondent relies *83 upon Section 72-1-202(2), MCA, (Unif. Probate Code Section 1-302), which gives the court authority “to make orders, judgments, anddecrees and take all other action necessary and proper to administer justice in the matters which come before it”…”
Matter of Est. of Wilhelm, 760 P.2d 718 (Mont. 1988).
“Section 72-1-202(2), MCA. The conclusion is thus inescapable that the state District Court properly had jurisdiction over the assets of the estate.”
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