Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 12. PROBATE AND ADMINISTRATION SUPPLEMENTARY PROVISIONS · Part 2. Will Contest -- Procedure
Montana Code Annotated

Mont. Code Ann. § 72-12-206 (2026)

Fees And Expenses -- By Whom Paid

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 12
  4. Part 2
  5. 72-12-206 Fees and expenses -- by whom paid

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 12. PROBATE AND ADMINISTRATION SUPPLEMENTARY PROVISIONS

Part 2. Will Contest -- Procedure

Fees And Expenses -- By Whom Paid

72-12-206. Fees and expenses -- by whom paid. When the validity or probate of a will is contested through court action, the attorney fees and costs, as provided in 25-10-201, incurred in defending the validity or probate of the will must be paid by the party contesting the validity or probate of the will if the will in probate is confirmed. If the probate is revoked, costs, as provided in 25-10-201, but not attorney fees, must be paid by the party who resisted the revocation or out of the property of the decedent, as the court directs.

History: En. Sec. 35, p. 248, L. 1877; re-en. Sec. 35, 2nd Div. Rev. Stat. 1879; re-en. Sec. 35, 2nd Div. Comp. Stat. 1887; re-en. Sec. 2365, C. Civ. Proc. 1895; re-en. Sec. 7412, Rev. C. 1907; re-en. Sec. 10047, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1332; re-en. Sec. 10047, R.C.M. 1935; amd. Sec. 16, Ch. 365, L. 1974; R.C.M. 1947, 91-1106; amd. Sec. 80, Ch. 494, L. 1993.

Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1981–2023 · leading case: In Re the Est. of Lande, 1999 MT 179, 983 P.2d 316.
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In Re the Est. of Lande, 1999 MT 179, 983 P.2d 316. · cites it 28× “The court also concluded that, while § 25-10-501, MCA, requires a party claiming costs to file a bill of costs within five days of the verdict or notice of the court’s decision and the estate did not timely file such a bill of costs, § 25-10-501, MCA, was not applicable in the…”
In Re the Est. of Harmon, 2011 MT 84, 253 P.3d 821. · cites it 6× “After the District Court’s grant of summary judgment, Harmon moved to recover his attorney’s fees and costs pursuant to § 72-12-206, MCA, which provides in pertinent part: Fees and expenses-by whom paid.”
Est. of Swanberg, 2020 MT 153, 465 P.3d 1165. · cites it 9× “Jennifer Wilson (Wilson) cross-appeals the District Court’s failure to award her attorney fees pursuant to § 72-12-206, MCA, for successfully defending the validity and probate of Chandler’s will.”
In Re the Est. of Edwards, 2017 MT 93, 393 P.3d 639. · cites it 18× “In denying Verone’s request for attorney fees, the court reasoned that the relevant statute—§ 72-12-206, MCA—“limits recovery of attorney fees to only those parties who successfully defended a will.”
In Re the Est. of Erickson, 2017 MT 260, 406 P.3d 1. · cites it 12× “60(b) did not apply? Issue Two: Did the District Court err in denying Gail’s motion to modify a formal testacy order under § 72-3-317(4), MCA? *149 Issue Three: Did the District Court err in denying Gail’s request for imposition of a constructive trust ? Issue Four: Is the…”
Matter of Est. of Weidner, 628 P.2d 285 (Mont. 1981). · cites it 9× “The parties raise several issues on appeal: 1) Was the 1954 will contractual in nature and incapable of revocation? 2) Is there substantial evidence to show due execution of the 1954 will? *423 3) Did the 1965 will revoke the 1954 will? 4) Does section 72-12-206, MCA allow…”
Neumann v. Rogstad, 757 P.2d 761 (Mont. 1988). · cites it 6× “Did the District Court err when it failed to grant costs and attorney fees pursuant to Section 72-12-206, MCA? Albert Neumann (Albert) and Isabel Neumann (Isabel) were married in 1932.”
Joseph Eve & Co. v. Allen, 945 P.2d 897 (Mont. 1997). · cites it 4× “In order to preserve an issue not raised by an appellant, it is necessary for the personal representative as respondent to file a notice of cross-appeal.... The respondent's failure to so file is thus fatal to his claim.”
Matter of Est. of Dern Fam. Trust, 928 P.2d 123 (Mont. 1996). · cites it 2× “Including attorney's fees as an expense of administering the Trust is further buttressed by this Court's holding that "expenses" as used in § 72-12-206, MCA (1979), (determining fees and expenses of contested wills and probate), encompassed attorney's fees as part of the expense…”
Hauck v. Seright, 1998 MT 198, 964 P.2d 749. · cites it 2× “Issue 4 ¶37 Did the court err in granting Seright his attorney fees and costs? ¶38 In arguing that the District Court erred in awarding costs and attorney fees to Seright for defense of the will contest, Hauck relies on § 72-12-206, MCA. That statute provides: If the probate is…”
Est. of H. Burns, 2023 MT 253, 540 P.3d 1029. · cites it 14× “The District Court found both awards compelled by § 72-12-206, MCA. The court further awarded interest on the judgment under § 25-9-205, MCA.”
Est. of Lande, 1999 MT 179. · cites it 3× “Section 72-12-206, MCA, mandates that an unsuccessful will contestant pay the costs incurred in the will contest.”
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