Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 72-3-112 (2026)

Venue For Estate Proceedings

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 3
  4. Part 1
  5. 72-3-112 Venue for estate proceedings

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

Part 1. General Provisions

Venue For Estate Proceedings

72-3-112. Venue for estate proceedings. (1) Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is:

(a) in the county where the decedent had the decedent's domicile at the time of death; or

(b) if the decedent was not domiciled in this state, in any county where property of the decedent was located at the time of death.

(2) Venue for all subsequent proceedings within the exclusive jurisdiction of the court is in the place where the initial proceeding occurred unless the initial proceeding has been transferred as provided in 72-1-203 or subsection (3) of this section.

(3) If the first proceeding was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court.

(4) For the purpose of aiding determinations concerning location of assets which may be relevant in cases involving non-domiciliaries, a debt, other than one evidenced by investment or commercial paper or other instrument in favor of a non-domiciliary is located where the debtor resides or, if the debtor is a person other than an individual, at the place where it has its principal office. Commercial paper, investment paper, and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued.

History: En. 91A-3-201 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-201(1) thru (3); amd. Sec. 2316, Ch. 56, L. 2009; amd. Sec. 57, Ch. 313, L. 2019.

Notes of Decisions
Cited in 2 cases, 2008–2012 · leading case: In Re the Est. of Strange, 2008 MT 158 (Mont. 2008).
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In Re the Est. of Strange, 2008 MT 158 (Mont. 2008). · cites it 12× “¶9 With regard to Rose’s allegation that Montana was not the proper venue, however, the District Court applied § 72-3-112, MCA (2005), and determined that Montana was not a proper venue in which to probate John’s estate.”
Est. of Du Lac, 2012 MT 107N (Mont. 2012). · cites it 2× “Additionally, § 72-3-112, MCA, states: (1) Venue for the first informal or formal testacy or appointment proceedings after a decedent’s death is: (a) in the county where the decedent had the decedent’s domicile at the time of death; or 3 (b) if the decedent was not domiciled in…”
Mont. Code Ann. § 72-3-112(l)(b): 1 case
In Re the Est. of Strange, 2008 MT 158 (Mont. 2008). “¶9 With regard to Rose’s allegation that Montana was not the proper venue, however, the District Court applied § 72-3-112, MCA (2005), and determined that Montana was not a proper venue in which to probate John’s estate.”
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