Re Probate of Lost will in Montana.  What is Montana law, cases and
statutes re enforceability and requirements to probate a lost will.

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Request for Question Clarification by serenata-ga on 06 Apr 2004 06:18 PDT

Are you talking about the original will being lost, but a copy being available?

Or are you talking about no will at all being available for probate?

Thanks,
Serenata

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Clarification of Question by sunkat-ga on 06 Apr 2004 13:08 PDT

The original executed will is lost or has been secreted or destroyed
by unknown parties.  However xerox copies made prior to the execution
of the original are available for probate if the court will accept it
in place of the "lost will".

[normal disclaimers] In Montana, as in most states, a will may be
revoked either expressly in writing, or by a revocatory act, such as
destroying the will.  Thus, when a testator's will cannot be found,
there is a presumption that he destroyed it with the intent to revoke.

To probate a copy of a lost will in Montana, therefore, you have to
try to probate the copy through the "formal" probate process (Mont.
Code. Ann. 72-3-301), and reubt the presumption that the will was
revoked by destruction.  For a discussion of what is necessary to
rebut the presumption, see In re Estate of Hartman, 172 Mont. 225
(1977) or In re estate of Cox, 190 Mont. 436 (1980).

Unfortunately, since informal probate is not available, you'll
probably need a lawyer to put this all through for you.