In Re the Estate of Harris, 2015 MT 182

Dorothea Harris executed a 1983 will leaving her Richland County mineral interests to her children and husband; in 1997 she executed a new will leaving her entire estate, including those mineral rights, to her husband Lincoln Harris (Harris).
Dorothea died in 1999; Harris believed assets were held as joint survivorship and did not probate the 1997 will at that time. Oil company title work in 2013 revealed Dorothea’s mineral interests remained in her name.
In July 2013 Harris filed for informal probate of the 1997 will and appointment as personal representative; the clerk admitted the will and appointed Harris.
Dorothea’s adult children (Contestants) filed objections alleging undue influence and lack of testamentary capacity, and sought a hearing after receiving notice of informal probate.
The District Court granted Harris summary judgment, concluding the late probate was permissible under § 72-3-122(1)(d), and that Contestants failed to raise genuine issues of material fact on undue influence or lack of testamentary capacity. The Supreme Court of Montana affirmed and remanded for formal testacy proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether probate filed >3 years after death was barred by § 72-3-122	3-year bar prevents late probate; Taylor requires finality	Subsection 72-3-122(1)(d) permits late informal probate where no prior proceedings occurred and only title-confirming action is sought	Court: Late probate allowed under § 72-3-122(1)(d); overrules contrary aspects of Estate of Taylor
Whether Contestants raised triable issues of undue influence or lack of testamentary capacity	Contestants: affidavits show Dorothea was stressed, mistakes in will text, and opportunity for undue influence	Harris: attesting witnesses observed Dorothea sign; Contestants’ evidence is speculative and insufficient; laches bars challenge to 1983 will	Court: Summary judgment proper — affidavits do not show specific acts of undue influence or material evidence of incapacity; laches bars 1983 will but not 1997 will objections; affirmed

Estate of Taylor, 207 Mont. 400, 675 P.2d 944 (Mont. 1984) (previously held intestacy final if a will not probated within three years)
In re Estate of Barber, 239 Mont. 129, 779 P.2d 477 (Mont. 1989) (distinguishing claims against estate from disputes over title to specific assets)
Larson v. Undem, 246 Mont. 336, 805 P.2d 1318 (Mont. 1990) (defines laches standard)
In re Estate of Mead, 376 Mont. 386, 336 P.3d 362 (Mont. 2014) (contestant must present specific acts showing undue influence)
In re Estate of Harms, 355 Mont. 66, 149 P.3d 557 (Mont. 2006) (testamentary capacity elements)
Shephard v. Widhalm, 367 Mont. 166, 290 P.3d 712 (Mont. 2012) (personal representative authority and deed of distribution effect)
Northland Royalty Corp. v. Engel, 377 Mont. 11, 339 P.3d 599 (Mont. 2014) (personal representative powers to control devised property for administration)