Mont. Code Ann. § 72-3-214
Power of clerk to deny informal probate -- effect of denial
72-3-214 . Power of clerk to deny informal probate -- effect of denial. (1) If the clerk is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of 72-3-212 and 72-3-213 or any other reason, the clerk may decline the application.
(2) A declination of informal probate is not an adjudication and does not preclude formal probate proceedings.