Opinion
October 8, 1971
ORDER
From time to time the Court has been in receipt of complaints respecting probate matters, most of which concern delay in handling and in concluding the proceeding.
The Court is aware that delays are encountered in adjudication of inheritance taxes on both the state and federal levels, but these matters should be submitted promptly and when determination is had the estate should be concluded without further delay, the property distributed and the personal representative discharged with the closure of the proceeding.
Our investigation leads us to believe that many estates remain open long after distribution should have been made. Some district courts require that estates be concluded timely and this attitude is commendable and should be observed by counsel in all estate matters.
IT IS THEREFORE ORDERED that all estates commenced before January 2, 1970, be wound up on or before April 1, 1972, and on that date this Court, if it deems necessary, will adopt a set of rules requiring periodic accounting and settlement of estates over nine months old.
IT IS FURTHER ORDERED that each Clerk of the District Court within sixty days of the date of this Order shall certify to this Court a list of probate proceedings commenced on and after January 2, 1960, to January 2, 1970, which have not been concluded by distribution and discharge of the personal representative, giving title, date of filing, name of counsel and present status.
IT IS FURTHER ORDERED that copy of this Order be mailed to every practicing attorney in Montana, and to each District Judge and Clerk of the District Court.
DATED this 8th day of October, 1971.