Priority Of Determinations In Contested Cases

Mont. Code Ann. § 72-3-311, under Formal Testacy and Appointment Proceedings.

Mont. Code Ann. § 72-3-311

If a will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate, and if a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate.