In re Estate of Greene

Summary

The Montana Supreme Court affirmed the denial of William H. Greene’s motion to substitute the district judge in an informal probate proceeding. The court held that the substitution statute did not apply until the probate became a court-supervised proceeding, making Greene’s prematurely filed motion untimely and void.

Holdings

1. Section 3-1-804, MCA, does not apply to an informal probate proceeding while the matter is not under the supervision of the district court; it becomes applicable after a party petitions to convert the proceeding to formal testacy or supervised administration.
2. William Greene's motion for substitution was premature, untimely, and void because it was filed while the estate remained in informal probate; the District Court properly denied it.

Questions Presented

1. Whether the District Court properly denied William H. Greene's motion for substitution of judge as untimely.
2. Whether Montana's judicial-substitution statute applies to an informal probate proceeding before the proceeding is converted to supervised administration.

Disposition

affirmed