In Re the Estate of Greene, 305 P.3d 52

Lilliane Greene died testate on June 22, 2012; her daughter Dawn Bare applied for and received informal probate and appointment as personal representative on June 28, 2012.
On June 28, Dawn mailed a "Notice and Information to Heirs and Devisees" stating the estate was being administered informally without court supervision.
William Greene (son and devisee) did not appear until November 19, 2012, when his counsel filed a notice of appearance and a Motion for Substitution of Judge under § 3-1-804(1)(a), MCA.
On November 28, William’s counsel filed a Petition for Supervised Administration under § 72-3-402, MCA.
The District Court denied William’s substitution motion as untimely, reasoning the 30-day substitution period began when the June 28 notice was mailed; William appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether William’s motion for substitution of judge was timely under § 3-1-804(1)(a), MCA	The substitution right was available when he filed in November and his motion was timely (or the 30-day period had not been triggered by the informal probate notice).	The 30-day period began when the Notice and Information was mailed on June 28, so the November 19 motion was untimely.	The substitution statute did not apply to an informal probate; it became applicable only after a petition for supervised administration converted the matter to court supervision. William’s November 19 motion was premature and therefore void.

In re Marriage of Archibald, 297 Mont. 20, 993 P.2d 653 (cited for standard of review on timeliness of substitution)
Pinnow v. State, 340 Mont. 217, 172 P.3d 1273 (discussing applicability of substitution statute in civil actions)
Patrick v. State, 361 Mont. 204, 257 P.3d 365 (defining scope and narrow exceptions to substitution statute)
Mattson v. Montana Power, 309 Mont. 506, 48 P.3d 34 (statutory construction principles)
In re B.A.M., 346 Mont. 49, 192 P.3d 1161 (court will affirm correct result even if district court gave a different reason)