Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION · Part 3. Formal Testacy and Appointment Proceedings
Montana Code Annotated

Mont. Code Ann. § 72-3-309 (2026)

Repealed

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 3
  4. Part 3
  5. 72-3-309 Repealed

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

Part 3. Formal Testacy and Appointment Proceedings

Repealed

72-3-309. Repealed. Sec. 105, Ch. 313, L. 2019.

History: En. 91A-3-406 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-406; amd. Sec. 2, Ch. 6, L. 1979.

Notes of Decisions
Cited in 3 cases, 1981–2011 · leading case: In Re the Est. of Harmon, 2011 MT 84, 253 P.3d 821.
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In Re the Est. of Harmon, 2011 MT 84, 253 P.3d 821. · cites it 3× “Where a will has been simultaneously executed, attested and acknowledged by the testator and witnesses, in the manner set out in § 72-2-524, MCA, it is self-proved and may be admitted to probate without testimony of the attesting witnesses.”
Matter of Est. of Brooks, 927 P.2d 1024 (Mont. 1996). · cites it 6× “2d at 287 (citing § 72-3-309, MCA). In Estate of Weidner, the attorney who drafted the 1965 will testified that he witnessed Leona’s signing of the will and was “quite certain” that he was an attesting witness.”
Matter of Est. of Weidner, 628 P.2d 285 (Mont. 1981). · cites it 3× “Section 72-3-309, MCA. The attorney who drafted the 1965 will testified that he witnessed Leona Weidner’s signing of the will.”
Mont. Code Ann. § 72-3-309(2): 1 case
In Re the Est. of Harmon, 2011 MT 84, 253 P.3d 821. “Where a will has been simultaneously executed, attested and acknowledged by the testator and witnesses, in the manner set out in § 72-2-524, MCA, it is self-proved and may be admitted to probate without testimony of the attesting witnesses.”
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