Mont. Code Ann. § 72-2-242 — MT Code / Title 72 / Chapter 2 / Part 2 / Section 72-2-242
72-2-242 Right of election personal to surviving spouse -- incapacitated surviving spouse
Status: in_force

72-2-242 . Right of election personal to surviving spouse -- incapacitated surviving spouse. (1) The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is filed in the court under 72-2-241 (1). If the election is not exercised by the surviving spouse personally, it may be exercised on the surviving spouse's behalf by the surviving spouse's conservator, guardian, or agent under the authority of a power of attorney.

(2) If the election is exercised on behalf of a surviving spouse who is an incapacitated person, the court shall set aside that portion of the elective-share and supplemental elective-share amounts due from the decedent's probate estate and recipients of the decedent's nonprobate transfers to others under 72-2-239 (3) and (4) and shall appoint a trustee to administer that property for the support of the surviving spouse. For the purposes of this subsection, an election on behalf of a surviving spouse by an agent under a durable power of attorney is presumed to be on behalf of a surviving spouse who is an incapacitated person. The trustee shall administer the trust in accordance with the following terms and such additional terms as the court determines appropriate:

(a) Expenditures of income and principal may be made in the manner, when, and to the extent that the trustee determines suitable and proper for the surviving spouse's support, without court order but with regard to other support, income, and property of the surviving spouse exclusive of benefits of medical or other forms of assistance from any state or federal government or governmental agency for which the surviving spouse qualifies on the basis of need.

(b) During the surviving spouse's incapacity, neither the surviving spouse nor anyone acting on behalf of the surviving spouse has a power to terminate the trust; but if the surviving spouse regains capacity, the surviving spouse then acquires the power to terminate the trust and acquire full ownership of the trust property free of trust by delivering to the trustee a writing signed by the surviving spouse declaring the termination.

(c) Upon the surviving spouse's death, the trustee shall transfer the unexpended trust property in the following order:

(i) under the residuary clause, if any, of the will of the predeceased spouse against whom the elective share was taken, as if that predeceased spouse died immediately after the surviving spouse; or

(ii) to that predeceased spouse's heirs under 72-2-721 .
Mont. Code Ann. § 72-31-405 — MT Code / Title 72 / Chapter 31 / Part 4 / Section 72-31-405
72-31-405 Procedure for disclosing digital assets
Status: in_force

72-31-405 . Procedure for disclosing digital assets. (1) When disclosing digital assets of a user under this part, the custodian may at its sole discretion:

(a) grant a fiduciary or designated recipient full access to the user's account;

(b) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or

(c) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.

(2) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this part.

(3) A custodian need not disclose under this part a digital asset deleted by a user.

(4) If a user directs or a fiduciary requests a custodian to disclose under this part some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:

(a) a subset limited by date of the user's digital assets;

(b) all of the user's digital assets to the fiduciary or designated recipient;

(c) none of the user's digital assets; or

(d) all of the user's digital assets to the court for review in camera.
Mont. Code Ann. § 72-7-308 — MT Code / Title 72 / Chapter 7 / Part 3 / Section 72-7-308
72-7-308 Selective allocation doctrine
Status: in_force

72-7-308 . Selective allocation doctrine. If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property must be allocated in the permissible manner that best carries out the powerholder's intent.
Mont. Code Ann. § 72-31-402 — MT Code / Title 72 / Chapter 31 / Part 4 / Section 72-31-402
72-31-402 Definitions
Status: in_force

72-31-402 . Definitions. As used in this part:

(1) "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user.

(2) "Agent" means an attorney-in-fact granted authority under a durable or nondurable power of attorney.

(3) "Carries" means engages in the transmission of an electronic communication.

(4) "Catalogue of electronic communications" means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person.

(5) "Conservator" means a person appointed by a court to manage the estate of a living individual.

(6) "Content of an electronic communication" means information concerning the substance or meaning of the communication which:

(a) has been sent or received by a user;

(b) is in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public; and

(c) is not readily accessible to the public.

(7) "Court" means the district court having jurisdiction in matters relating to the content of this part.

(8) "Custodian" means a person that carries, maintains, processes, receives, or stores a digital asset of a user.

(9) "Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user.

(10) "Digital asset" means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.

(11) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(12) "Electronic communication" has the meaning set forth in 18 U.S.C. 2510(12), as amended.

(13) "Electronic-communication service" means a custodian that provides to a user the ability to send or receive an electronic communication.

(14) "Fiduciary" means an original, additional, or successor personal representative, conservator, agent, or trustee.

(15) "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like.

(16) "Online tool" means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.

(17) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(18) "Personal representative" means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this part.

(19) "Power of attorney" means a record that grants an agent authority to act in the place of a principal.

(20) "Principal" means an individual who grants authority to an agent in a power of attorney.

(21) "Protected person" means an individual for whom a conservator has been appointed. The term includes an individual for whom an application for the appointment of a conservator is pending.

(22) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(23) "Remote-computing service" means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. 2510(14), as amended.

(24) "Terms-of-service agreement" means an agreement that controls the relationship between a user and a custodian.

(25) "Trustee" means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee.

(26) "User" means a person that has an account with a custodian.

(27) "Will" includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.
Mont. Code Ann. § 72-38-821 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-821
72-38-821 Distribution under charitable trust or private foundation
Status: in_force

72-38-821 . Distribution under charitable trust or private foundation. During any period when a trust is considered to be a charitable trust or a private foundation, the trustee shall distribute its income for each taxable year (and principal if necessary) at a time and in a manner that will not subject the property of the trust to tax under section 4942 of the Internal Revenue Code.
Mont. Code Ann. § 72-3-1014 — MT Code / Title 72 / Chapter 3 / Part 10 / Section 72-3-1014
72-3-1014 Certificate discharging liens securing fiduciary performance
Status: in_force

72-3-1014 . Certificate discharging liens securing fiduciary performance. After the personal representative's appointment has terminated, the personal representative, the personal representative's sureties, or any successor of either, upon the filing of a verified application showing so far as is known by the applicant that an action concerning the estate is not pending in any court, is entitled to receive a certificate from the clerk that the personal representative appears to have fully administered the estate in question. The certificate evidences discharge of any lien on any property given to secure the obligation of the personal representative in lieu of bond or any surety but does not preclude action against the personal representative or the surety.
Mont. Code Ann. § 72-3-905 — MT Code / Title 72 / Chapter 3 / Part 9 / Section 72-3-905
72-3-905 Distribution by personal representative conclusive evidence of succession to interest by distributee
Status: in_force

72-3-905 . Distribution by personal representative conclusive evidence of succession to interest by distributee. Proof that a distributee has received an instrument or deed of distribution of assets in kind or payment in distribution from a personal representative is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in the estate, except that the personal representative may recover the assets or their value if the distribution was improper.
Mont. Code Ann. § 72-38-810 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-810
72-38-810 Recordkeeping and identification of trust property
Status: in_force

72-38-810 . Recordkeeping and identification of trust property. (1) A trustee shall keep adequate records of the administration of the trust.

(2) A trustee shall keep trust property separate from the trustee's own property.

(3) Except as otherwise provided in subsection (4), a trustee shall designate the trust property so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.

(4) If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two or more separate trusts.
Mont. Code Ann. § 72-15-103 — MT Code / Title 72 / Chapter 15 / Part 1 / Section 72-15-103
72-15-103 Requirement to procure letters of administration -- bond and oath
Status: in_force

72-15-103 . Requirement to procure letters of administration -- bond and oath. (1) Whenever a public administrator takes charge of an estate under order of the court, the administrator shall with all convenient dispatch procure letters of administration on the estate in the same manner and under the same proceedings as letters of administration are issued to other persons.

(2) The public administrator's official bond and oath are in lieu of a personal representative's bond and oath, but when real estate is ordered to be sold, another bond may be required by the court.
Mont. Code Ann. § 72-1-108 — MT Code / Title 72 / Chapter 1 / Part 1 / Section 72-1-108
72-1-108 Evidence of death or status
Status: in_force

72-1-108 . Evidence of death or status. In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death or status apply:

(1) Death occurs when an individual is determined to be dead under 50-22-101 .

(2) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent.

(3) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report.

(4) In the absence of prima facie evidence of death under subsection (2) or (3), the fact of death may be established by clear and convincing evidence, including circumstantial evidence.

(5) An individual whose death is not established under subsections (2) through (4), who is absent for a continuous period of 5 years, during which the individual has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. The individual's death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.

(6) In the absence of evidence disputing the time of death stated on a document described in subsection (2) or (3), a document described in subsection (2) or (3) that states a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by 120 hours.
Mont. Code Ann. § 72-38-302 — MT Code / Title 72 / Chapter 38 / Part 3 / Section 72-38-302
72-38-302 Representation by holder of general testamentary power of appointment
Status: in_force

72-38-302 . Representation by holder of general testamentary power of appointment. To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.
Mont. Code Ann. § 72-31-349 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-349
72-31-349 Benefits from governmental programs or civil or military service
Status: in_force

72-31-349 . Benefits from governmental programs or civil or military service. (1) In this section, "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation, including social security, medicare, and medicaid.

(2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:

(a) execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in 72-31-348 (1)(a), and for shipment of their household effects;

(b) take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;

(c) enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program;

(d) prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled to receive under a statute or regulation;

(e) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and

(f) receive the financial proceeds of a claim described in subsection (2)(d) and conserve, invest, disburse, or use for a lawful purpose anything so received.
Mont. Code Ann. § 72-3-814 — MT Code / Title 72 / Chapter 3 / Part 8 / Section 72-3-814
72-3-814 Claims not due and contingent or unliquidated claims
Status: in_force

72-3-814 . Claims not due and contingent or unliquidated claims. (1) If a claim that will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute claims of the same class.

(2) In other cases the personal representative or, on petition of the personal representative or the claimant in a special proceeding for the purpose, the court may provide for payment as follows:

(a) If the claimant consents, the claimant may be paid the present or agreed value of the claim, taking any uncertainty into account.

(b) Arrangement for future payment or possible payment on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise.
Mont. Code Ann. § 72-5-305 — MT Code / Title 72 / Chapter 5 / Part 3 / Section 72-5-305
72-5-305 Definitions
Status: in_force

72-5-305 . Definitions. In this part, unless the context requires otherwise, the following definitions apply:

(1) "Full guardian" means a guardian who possesses all the legal duties and powers enumerated in 72-5-321 .

(2) "Guardian" includes a full guardian and a limited guardian.

(3) "Less restrictive alternative" means an approach to meeting a person's needs that restricts fewer rights of the person than would the appointment of a guardian. The term includes supported decisionmaking, appropriate technological assistance, and appointment of a representative payee.

(4) "Limited guardian" means a guardian who possesses fewer than all of the legal duties and powers of a full guardian and whose rights, powers, and duties have been specifically enumerated by the court.

(5) "Supported decisionmaking" means assistance from one or more persons of a person's choosing in:

(a) understanding the nature and consequences of potential personal and financial decisions, which enables the person to make the decisions; and

(b) communicating a decision, once made, if consistent with the person's wishes.
Mont. Code Ann. § 72-6-216 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-216
72-6-216 Community property and tenancy by entireties
Status: in_force

72-6-216 . Community property and tenancy by entireties. (1) A deposit of community property in an account does not alter the community character of the property or community rights in the property, but a right of survivorship between parties married to each other that arises from the express terms of the account or 72-6-212 may not be altered by will.

(2) This part does not affect the law governing tenancy by the entireties.
Mont. Code Ann. § 72-3-801 — MT Code / Title 72 / Chapter 3 / Part 8 / Section 72-3-801
72-3-801 Notice to creditors
Status: in_force

72-3-801 . Notice to creditors. (1) Unless notice has already been given under this section, a personal representative upon appointment shall publish a notice once a week for 3 successive weeks in a newspaper of general circulation in the county announcing the personal representative's appointment and address and notifying creditors of the estate to present their claims within 4 months after the date of the first publication of the notice or be forever barred.

(2) A personal representative may give written notice by mail or other delivery to any creditor, notifying the creditor to present the creditor's claim within 4 months from the published notice if given as provided in subsection (1) or within 30 days from the mailing or other delivery of the notice, whichever is later, or be forever barred. Written notice must be the notice described in subsection (1) or a similar notice.

(3) The personal representative is not liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section.
Mont. Code Ann. § 72-16-911 — MT Code / Title 72 / Chapter 16 / Part 9 / Section 72-16-911
72-16-911 Tax lien
Status: in_force

72-16-911 . Tax lien. Said taxes and interest shall be and remain a lien on the property for a period of 10 years from the date of death, unless sooner paid.
Mont. Code Ann. § 72-2-829 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-829
72-2-829 When disclaimer barred or limited
Status: in_force

72-2-829 . When disclaimer barred or limited. (1) A disclaimer is barred by a written waiver of the right to disclaim.

(2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:

(a) the disclaimant accepts the interest sought to be disclaimed;

(b) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or

(c) a judicial sale of the interest sought to be disclaimed occurs.

(3) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.

(4) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.

(5) A disclaimer is barred or limited if so provided by law other than 72-2-817 through 72-2-833 .

(6) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under 72-2-817 through 72-2-833 had the disclaimer not been barred.
Mont. Code Ann. § 72-6-223 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-223
72-6-223 Payment on POD designation
Status: in_force

72-6-223 . Payment on POD designation. A financial institution, on request, may pay sums on deposit in an account with a POD designation to:

(1) one or more of the parties, whether or not another party is disabled, incapacitated, or deceased when the payment is requested and whether or not a party survives another party;

(2) the beneficiary or beneficiaries, if proof of death is presented to the financial institution, showing that the beneficiary or beneficiaries survived all persons named as parties; or

(3) the personal representative, if any, or, if there is none, the heirs or devisees of a deceased party, if proof of death is presented to the financial institution, showing that the deceased party was the survivor of all other persons named on the account as either a party or beneficiary.
Mont. Code Ann. § 72-26-608 — MT Code / Title 72 / Chapter 26 / Part 6 / Section 72-26-608
72-26-608 Receipt for custodial property
Status: in_force

72-26-608 . Receipt for custodial property. A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter.
Mont. Code Ann. § 72-17-216 — MT Code / Title 72 / Chapter 17 / Part 2 / Section 72-17-216
72-17-216 Anatomical gifts -- advance health care directive
Status: in_force

72-17-216 . Anatomical gifts -- advance health care directive. (1) For the purposes of this section, the following definitions apply:

(a) "Advance health care directive" means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor.

(b) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.

(c) "Health care decision" means any decision made regarding the health care of the prospective donor.

(2) If a prospective donor who is in a health care facility has a declaration or advance health care directive, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor unless the declaration expressly provides to the contrary.
Mont. Code Ann. § 72-39-101 — MT Code / Title 72 / Chapter 39 / Part 1 / Section 72-39-101
72-39-101 Short title
Status: in_force

72-39-101 . Short title. This chapter may be cited as the "Uniform Trust Decanting Act".
Mont. Code Ann. § 72-14-209 — MT Code / Title 72 / Chapter 14 / Part 2 / Section 72-14-209
72-14-209 Deposit of all sums escheated -- private purpose trust fund
Status: in_force

72-14-209 . Deposit of all sums escheated -- private purpose trust fund. All sums escheated under the provisions of parts 1 through 3 of this chapter must be delivered by the department of revenue to the state treasurer and deposited by the treasurer in the private purpose trust fund.
Mont. Code Ann. § 72-5-631 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-631
72-5-631 Effect of registration
Status: in_force

72-5-631 . Effect of registration. (1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.

(2) A court of this state may grant any relief available under this part and other law of this state to enforce a registered order.
Mont. Code Ann. § 72-3-101 — MT Code / Title 72 / Chapter 3 / Part 1 / Section 72-3-101
72-3-101 Devolution of estate at death -- restrictions
Status: in_force

72-3-101 . Devolution of estate at death -- restrictions. (1) The power of a person to leave property by will and the rights of creditors, devisees, and heirs to the person's property are subject to the restrictions and limitations contained in this code to facilitate the prompt settlement of estates.

(2) Upon the death of a person, the decedent's real and personal property devolves to the persons to whom it is devised by the decedent's last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estates or, in the absence of testamentary disposition, to the decedent's heirs or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to homestead allowance, exempt property, and family allowance, to rights of creditors, elective share of the surviving spouse, and to administration.
Mont. Code Ann. § 72-15-105 — MT Code / Title 72 / Chapter 15 / Part 1 / Section 72-15-105
72-15-105 Duty of persons in whose house stranger dies -- notification to public administrator
Status: in_force

72-15-105 . Duty of persons in whose house stranger dies -- notification to public administrator. Whenever a stranger or person without known heirs dies intestate in the house or premises of another, the possessor of the premises or anyone knowing the facts shall give immediate notice to the public administrator of the county. If the possessor does not give the notice, the possessor is liable for any damage that may be sustained by the failure, which must be recovered by the public administrator or any person interested.
Mont. Code Ann. § 72-3-621 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-621
72-3-621 Powers and duties of successor personal representative
Status: in_force

72-3-621 . Powers and duties of successor personal representative. A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate as expeditiously as possible, but the successor personal representative may not exercise any power expressly made personal to the executor named in the will.
Mont. Code Ann. § 72-9-116 — MT Code / Title 72 / Chapter 9 / Part 1 / Section 72-9-116
72-9-116 Limitations on testamentary disposition
Status: in_force

72-9-116 . Limitations on testamentary disposition. This part does not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person.
Mont. Code Ann. § 72-2-535 — MT Code / Title 72 / Chapter 2 / Part 5 / Section 72-2-535
72-2-535 Deposit of will with court in testator's lifetime
Status: in_force

72-2-535 . Deposit of will with court in testator's lifetime. A will may be deposited by the testator or the testator's agent with any court for safekeeping, under rules of the court. The will must be sealed and kept confidential. During the testator's lifetime, a deposited will may be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible and to ensure that it will be resealed and kept on deposit after the examination. Upon being informed of the testator's death, the court shall notify any person designated to receive the will and deliver it to that person on request or the court may deliver the will to the appropriate court.
Mont. Code Ann. § 72-1-101 — MT Code / Title 72 / Chapter 1 / Part 1 / Section 72-1-101
72-1-101 Short title -- purpose
Status: in_force

72-1-101 . Short title -- purpose. (1) Chapters 1 through 5 and chapter 16, part 6, shall be known and may be cited as the "Uniform Probate Code".

(2) (a) This code shall be liberally construed and applied to promote its underlying purposes and policies.

(b) The underlying purposes and policies of this code are to:

(i) simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors, and incapacitated persons;

(ii) discover and make effective the intent of a decedent in distribution of the decedent's property;

(iii) promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to the decedent's successors;

(iv) facilitate use and enforcement of certain trusts; and

(v) make uniform the law among the various jurisdictions.
Mont. Code Ann. § 72-3-1002 — MT Code / Title 72 / Chapter 3 / Part 10 / Section 72-3-1002
72-3-1002 Order of complete settlement as to persons previously omitted or unnotified in previous formal testacy proceeding
Status: in_force

72-3-1002 . Order of complete settlement as to persons previously omitted or unnotified in previous formal testacy proceeding. If one or more heirs or devisees were omitted as parties in or were not given notice of a previous formal testacy proceeding, the court, on proper petition for an order of complete settlement of the estate under 72-3-1001 and after notice to the omitted or unnotified persons and other interested parties determined to be interested on the assumption that the previous order concerning testacy is conclusive as to those given notice of the earlier proceeding, may determine testacy as it affects the omitted persons and confirm or alter the previous order of testacy as it affects all interested persons as appropriate in the light of the new proofs. In the absence of objection by an omitted or unnotified person, evidence received in the original testacy proceeding shall constitute prima facie proof of due execution of any will previously admitted to probate or of the fact that the decedent left no valid will if the prior proceedings determined this fact.
Mont. Code Ann. § 72-38-906 — MT Code / Title 72 / Chapter 38 / Part 9 / Section 72-38-906
72-38-906 Interpretation of trust terms construing legal investments
Status: in_force

72-38-906 . Interpretation of trust terms construing legal investments. The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, must be construed as authorizing any investment or strategy permitted under this part: "investments permissible by law for investment of trust funds", "legal investments", "authorized investments", "using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital", "prudent man rule", "prudent trustee rule", "prudent person rule", and "prudent investor rule".
Mont. Code Ann. § 72-5-104 — MT Code / Title 72 / Chapter 5 / Part 1 / Section 72-5-104
72-5-104 Informal discharge of duty to pay or deliver property to minor
Status: in_force

72-5-104 . Informal discharge of duty to pay or deliver property to minor. (1) A person under a duty to pay or deliver money or personal property to a minor may perform this duty, in amounts not exceeding $5,000 a year, by paying or delivering the money or property to:

(a) the minor, if the minor has attained 18 years of age or is married;

(b) any person having the care and custody of the minor with whom the minor resides;

(c) a guardian of the minor; or

(d) a financial institution incident to a deposit in a federally insured savings account in the sole name of the minor and giving notice of the deposit to the minor.

(2) This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending.

(3) The persons, other than the minor or any financial institution under subsection (1)(d), receiving money or property for a minor are obligated to apply the money to the support and education of the minor but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support. Any excess sums must be preserved for future support of the minor, and any balance not so used and any property received for the minor must be turned over to the minor when the minor attains majority. Persons who pay or deliver in accordance with provisions of this section are not responsible for the proper application of the money or property.
Mont. Code Ann. § 72-31-103 — MT Code / Title 72 / Chapter 31 / Part 1 / Section 72-31-103
72-31-103 Validation of fiduciary sales
Status: in_force

72-31-103 . Validation of fiduciary sales. All sales, provided no action is pending on July 1, 1973, to set aside such deed or conveyance, by trustees, executors, administrators, and guardians which previous to January 1, 1973, were made to purchasers for a valuable consideration, which consideration has been paid by such purchasers in good faith, and such sales shall not have been set aside by the district or probate court having jurisdiction thereof, shall be sufficient to sustain a trustee's, executor's, administrator's, or guardian's deed or conveyance to such purchaser and, in case such deed or conveyance shall not have been given, shall entitle such purchaser to such deed or conveyance; and such deed or conveyance, if executed on July 1, 1973, or when executed, shall be sufficient to convey to such purchaser all the title that such beneficiary, decedent, or ward had in said real or personal property; and all irregularities in obtaining the order of the court for such sale and all irregularities or defects in making or conducting such sale by said trustee, executor, administrator, or guardian shall be disregarded, and such sale shall not be invalidated by reason of any such defect or irregularity.
Mont. Code Ann. § 72-2-122 — MT Code / Title 72 / Chapter 2 / Part 1 / Section 72-2-122
72-2-122 Dower and curtesy abolished
Status: in_force

72-2-122 . Dower and curtesy abolished. The estates of dower and curtesy are abolished.
Mont. Code Ann. § 72-9-107 — MT Code / Title 72 / Chapter 9 / Part 1 / Section 72-9-107
72-9-107 Disposition upon death
Status: in_force

72-9-107 . Disposition upon death. Upon death of a married person, one-half of the property to which this part applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the Uniform Probate Code. One-half of that property is the property of the decedent and is subject to testamentary disposition or distribution under the Uniform Probate Code. With respect to property to which this part applies, the one-half of the property which is the property of the decedent is not subject to the surviving spouse's right to elect against the will.
Mont. Code Ann. § 72-2-234 — MT Code / Title 72 / Chapter 2 / Part 2 / Section 72-2-234
72-2-234 Decedent's net probate estate
Status: in_force

72-2-234 . Decedent's net probate estate. The value of the augmented estate includes the value of the decedent's probate estate, reduced by funeral and administration expenses, homestead allowance, family allowances, exempt property, and enforceable claims.
Mont. Code Ann. § 72-7-303 — MT Code / Title 72 / Chapter 7 / Part 3 / Section 72-7-303
72-7-303 Intent to exercise -- after-acquired power
Status: in_force

72-7-303 . Intent to exercise -- after-acquired power. Unless the terms of the instrument exercising a power of appointment manifest a contrary intent:

(1) except as otherwise provided in subsection (2), a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and

(2) if the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective.
Mont. Code Ann. § 72-38-202 — MT Code / Title 72 / Chapter 38 / Part 2 / Section 72-38-202
72-38-202 Powers of court
Status: in_force

72-38-202 . Powers of court. In proceedings concerning the internal affairs of trusts commenced pursuant to this chapter, the court has all the powers of a district court exercising its general jurisdiction.
Mont. Code Ann. § 72-14-210 — MT Code / Title 72 / Chapter 14 / Part 2 / Section 72-14-210
72-14-210 Private purpose trust fund money to be held in trust -- deposit in public school permanent fund
Status: in_force

72-14-210 . Private purpose trust fund money to be held in trust -- deposit in public school permanent fund. Money and property placed in the private purpose trust fund must be held in trust for a period of 5 years prior to deposit in the public school permanent fund by the state treasurer. The private purpose trust is for the benefit of persons who claim property pursuant to part 3 of this chapter. A claim may be brought for an amount equal to the full amount or value of the property escheated minus the costs and expenses incident to reducing the property to the possession of the state.
Mont. Code Ann. § 72-7-205 — MT Code / Title 72 / Chapter 7 / Part 2 / Section 72-7-205
72-7-205 Rules of classification
Status: in_force

72-7-205 . Rules of classification. (1) In this section, "adverse party" means a person with a substantial beneficial interest in property that would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.

(2) If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.

(3) If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary.
Mont. Code Ann. § 72-38-505 — MT Code / Title 72 / Chapter 38 / Part 5 / Section 72-38-505
72-38-505 Creditor's claim against settlor
Status: in_force

72-38-505 . Creditor's claim against settlor. (1) Whether or not the terms of a trust contain a spendthrift provision, the following rules apply:

(a) During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors.

(b) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit. If a trust has more than one settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution. A trustee's discretionary authority to pay directly or to reimburse the settlor for any tax that is payable by the settlor on trust income or principal may not be considered to be an amount that can be distributed to or for the settlor's benefit, and a creditor or assignee of the settlor is not entitled to reach any amount solely by reason of this discretionary authority.

(c) After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities will be paid, the property of a trust that was revocable at the settlor's death is subject to claims of the settlor's creditors, costs of administration of the settlor's estate, the expenses of the settlor's funeral and disposal of remains, and statutory allowances to a surviving spouse and children to the extent the settlor's probate estate is inadequate to satisfy those claims, costs, expenses, and allowances.

(2) For purposes of this section:

(a) during the period the power may be exercised, the holder of a power of withdrawal is treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power; and

(b) upon the lapse, release, or waiver of the power, the holder is treated as the settlor of the trust only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in section 2041(b)(2) or 2514(e) of the Internal Revenue Code of 1986, or section 2503(b) of the Internal Revenue Code of 1986, in each case as in effect on the effective date of this chapter or as later amended.
Mont. Code Ann. § 72-15-210 — MT Code / Title 72 / Chapter 15 / Part 2 / Section 72-15-210
72-15-210 Fees -- how paid
Status: in_force

72-15-210 . Fees -- how paid. The fees of all officers chargeable to estates in the hands of public administrators must be paid out of the assets of the estates as soon as the assets come into the public administrator's hands.
Mont. Code Ann. § 72-26-704 — MT Code / Title 72 / Chapter 26 / Part 7 / Section 72-26-704
72-26-704 Custodian's expenses, compensation, and bond
Status: in_force

72-26-704 . Custodian's expenses, compensation, and bond. (1) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.

(2) Except for one who is a transferor under 72-26-604 , a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.

(3) Except as provided in 72-26-801 (6), a custodian need not give a bond.
Mont. Code Ann. § 72-15-303 — MT Code / Title 72 / Chapter 15 / Part 3 / Section 72-15-303
72-15-303 Accounting and surrender of pending estates on retirement of public administrator
Status: in_force

72-15-303 . Accounting and surrender of pending estates on retirement of public administrator. If the public administrator, upon the expiration or termination of the public administrator's office and within 60 days after that date, fails to qualify as general administrator of estates not yet closed, the public administrator shall, upon demand of the successor to the office or voluntarily if the former public administrator desires to be relieved from further performance of the trust, surrender to the successor all estates not closed and property belonging to the estates after filing and presenting to the court for approval a full and complete account pertaining to each estate not closed.
Mont. Code Ann. § 72-38-416 — MT Code / Title 72 / Chapter 38 / Part 4 / Section 72-38-416
72-38-416 Modification to achieve settlor's tax objectives
Status: in_force

72-38-416 . Modification to achieve settlor's tax objectives. To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention. The court may provide that the modification has retroactive effect.
Mont. Code Ann. § 72-3-403 — MT Code / Title 72 / Chapter 3 / Part 4 / Section 72-3-403
72-3-403 Effect on other proceedings and previously appointed personal representative
Status: in_force

72-3-403 . Effect on other proceedings and previously appointed personal representative. (1) The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or filed after the pending proceeding.

(2) If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervised administration is as provided for formal testacy proceedings by 72-3-303 and 72-3-304 .

(3) After a personal representative has received notice of the filing of a petition for supervised administration, a personal representative who has been appointed previously may not exercise the power to distribute any estate. The filing of the petition does not affect the personal representative's other powers and duties unless the court restricts the exercise of any of them pending a full hearing on the petition.
Mont. Code Ann. § 72-5-324 — MT Code / Title 72 / Chapter 5 / Part 3 / Section 72-5-324
72-5-324 Termination of appointment -- how effected -- certain liabilities and obligations not affected
Status: in_force

72-5-324 . Termination of appointment -- how effected -- certain liabilities and obligations not affected. (1) (a) Except as provided in subsection (1)(b), the authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, or upon removal or resignation as provided in 72-5-325 . Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.

(b) The guardian's authority and responsibility for an incapacitated person who dies while the person is a ward of the guardian terminate when the guardian has completed arrangements for the final disposition of the ward's physical remains and personal effects, as provided in 72-5-321 (7).

(2) Termination does not affect the guardian's liability for prior acts or the guardian's obligation to account for funds and assets of the ward.
Mont. Code Ann. § 72-38-403 — MT Code / Title 72 / Chapter 38 / Part 4 / Section 72-38-403
72-38-403 Trusts created in other jurisdictions
Status: in_force

72-38-403 . Trusts created in other jurisdictions. A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed or the law of the jurisdiction in which, at the time of creation:

(1) the settlor was domiciled, had a place of abode, or was a national;

(2) a trustee was domiciled or had a place of business; or

(3) any trust property was located.
Mont. Code Ann. § 72-16-609 — MT Code / Title 72 / Chapter 16 / Part 6 / Section 72-16-609
72-16-609 Penalties and interest charged to fiduciary when caused by fiduciary's negligence
Status: in_force

72-16-609 . Penalties and interest charged to fiduciary when caused by fiduciary's negligence. If the court finds that the assessment of penalties and interest assessed in relation to the tax is due to delay caused by the negligence of the fiduciary, the court may charge the fiduciary with the amount of the assessed penalties and interest.
Mont. Code Ann. § 72-38-601 — MT Code / Title 72 / Chapter 38 / Part 6 / Section 72-38-601
72-38-601 Capacity of settlor of revocable trust
Status: in_force

72-38-601 . Capacity of settlor of revocable trust. The capacity required to create, amend, revoke, or add property to a revocable trust or to direct the actions of the trustee of a revocable trust is the same as that required to make a will.
Mont. Code Ann. § 72-16-1005 — MT Code / Title 72 / Chapter 16 / Part 10 / Section 72-16-1005
72-16-1005 Tax lien
Status: in_force

72-16-1005 . Tax lien. The tax imposed by 72-16-1002 is a lien on the property subject to the tax for a period of 10 years from the time of the generation-skipping transfer. The payment of the tax and any interest due releases the lien and discharges the liability for payment of the tax. If the lien is not perfected by recording, a transfer for value to a bona fide purchaser divests the property of the lien. If the lien is perfected by recording, the rights of the state under the lien have priority over all subsequent mortgages, purchasers, or judgment creditors. The department may release the lien prior to the payment of the tax if adequate security for payment of the tax is given to the department.
Mont. Code Ann. § 72-6-301 — MT Code / Title 72 / Chapter 6 / Part 3 / Section 72-6-301
72-6-301 Definitions
Status: in_force

72-6-301 . Definitions. As used in this part, the following definitions apply:

(1) "Beneficiary form" means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.

(2) "Register", including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.

(3) "Registering entity" means a person who originates or transfers a security title by registration and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.

(4) "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer and includes a certificated security, an uncertificated security, and a security account.

(5) "Security account" means:

(a) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death;

(b) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death; or

(c) an investment management or custody account with a trust company or trust division of a bank with trust powers, including the securities in the account, a cash balance in the account, and cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in the account, whether or not credited to the account before the owner's death.
Mont. Code Ann. § 72-12-404 — MT Code / Title 72 / Chapter 12 / Part 4 / Section 72-12-404
72-12-404 Expert to return will to clerk
Status: in_force

72-12-404 . Expert to return will to clerk. Upon completion of the analysis, the handwriting expert shall return the original will to the clerk of court by certified mail, return receipt requested.
Mont. Code Ann. § 72-3-515 — MT Code / Title 72 / Chapter 3 / Part 5 / Section 72-3-515
72-3-515 Bond amount -- security -- reduction
Status: in_force

72-3-515 . Bond amount -- security -- reduction. (1) If bond is required and the provisions of the will or order do not specify the amount, unless stated in the application or petition, the person qualifying shall file a statement under oath with the clerk indicating the person's best estimate of the value of the personal estate of the decedent and of the income expected from the personal and real estate during the next year, and the person shall execute and file a bond with the clerk or give other suitable security in an amount not less than the estimate.

(2) The clerk shall determine that the bond is duly executed by a corporate surety or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property, or other adequate security.

(3) The clerk may permit the amount of the bond to be reduced by the value of assets of the estate deposited with a domestic financial institution in a manner that prevents their unauthorized disposition. On petition of the personal representative or another interested person, the court may excuse a requirement of bond, increase or reduce the amount of the bond, release sureties, or permit the substitution of another bond with the same or different sureties.
Mont. Code Ann. § 72-5-312 — MT Code / Title 72 / Chapter 5 / Part 3 / Section 72-5-312
72-5-312 Who may be guardian -- priorities
Status: in_force

72-5-312 . Who may be guardian -- priorities. (1) Any competent person or a suitable institution, association, or nonprofit corporation or any of its members may be appointed guardian of an incapacitated person.

(2) Persons who are not disqualified have priority for appointment as guardian in the following order:

(a) a person, association, or private, nonprofit corporation nominated by the incapacitated person if the court specifically finds that at the time of the nomination the incapacitated person had the capacity to make a reasonably intelligent choice;

(b) the spouse of the incapacitated person;

(c) an adult child of the incapacitated person;

(d) a parent of the incapacitated person, including a person nominated by will or other writing signed by a deceased parent;

(e) any relative of the incapacitated person with whom the incapacitated person has resided for more than 6 months prior to the filing of the petition;

(f) a relative or friend who has demonstrated a sincere, longstanding interest in the welfare of the incapacitated person;

(g) a private association or nonprofit corporation with a guardianship program for incapacitated persons, a member of the private association or nonprofit corporation approved by the association or corporation to act as a guardian for the incapacitated person, or a person included on an official list of the association or organization as willing and suitable to act as guardian of incapacitated persons;

(h) a person nominated by the person who is caring for the incapacitated person or paying benefits to the incapacitated person.

(3) The priorities established in subsection (2) are not binding, and the court shall select the person, association, or nonprofit corporation that is best qualified and willing to serve.

(4) Except as provided in subsection (5), the court may not appoint a person, institution, association, or nonprofit corporation to be the guardian of an incapacitated person if the person, institution, association, or nonprofit corporation:

(a) provides or is likely to provide during the guardianship substantial services to the incapacitated person in the professional or business capacity other than in the capacity of guardian;

(b) is or is likely to become during the guardianship period a creditor of the incapacitated person, other than in the capacity of guardian;

(c) has or is likely to have during the guardianship period interests that may conflict with those of the incapacitated person; or

(d) is employed by a person, institution, association, or nonprofit corporation that would be disqualified under subsections (4)(a) through (4)(c).

(5) If the court determines that there is no qualified person willing and able to serve as guardian, the court may appoint an agency of the state or federal government that is authorized or required by statute to provide services to the person or to persons suffering from the kind of disability from which the incapacitated person is suffering or a designee of the agency, notwithstanding the provisions of subsection (4). Whenever an agency is appointed guardian, the court may also appoint a limited guardian to represent a specified interest of the incapacitated person. Whenever a limited guardian is appointed pursuant to this subsection, the specified interest of the incapacitated person is the sole responsibility of the limited guardian and is removed from the responsibility of the agency.
Mont. Code Ann. § 72-2-907 — MT Code / Title 72 / Chapter 2 / Part 9 / Section 72-2-907
72-2-907 Revocation
Status: in_force

72-2-907 . Revocation. An international will is subject to the ordinary rules of revocation of wills.
Mont. Code Ann. § 72-7-312 — MT Code / Title 72 / Chapter 7 / Part 3 / Section 72-7-312
72-7-312 Disposition of unappointed property if partial appointment to taker in default
Status: in_force

72-7-312 . Disposition of unappointed property if partial appointment to taker in default. Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property.
Mont. Code Ann. § 72-16-1001 — MT Code / Title 72 / Chapter 16 / Part 10 / Section 72-16-1001
72-16-1001 Definitions
Status: in_force

72-16-1001 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Department" means the department of revenue provided for in 2-15-1301 .

(2) "Direct skip" has the meaning given in section 2612(c), Internal Revenue Code.

(3) "Federal generation-skipping transfer tax" means the tax imposed by section 2601, Internal Revenue Code.

(4) "Generation-skipping transfer" means the generation-skipping transfer defined in section 2611, Internal Revenue Code, when the original transferor is a resident of Montana on the date of the original transfer or when the property is real or personal property located in Montana.

(5) "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended.

(6) "Original transferor" means any grantor, donor, settlor, or testator who by grant, gift, trust, or will makes a transfer of real or personal property that results in a federal generation-skipping transfer tax.
Mont. Code Ann. § 72-3-513 — MT Code / Title 72 / Chapter 3 / Part 5 / Section 72-3-513
72-3-513 Bond -- when required
Status: in_force

72-3-513 . Bond -- when required. (1) Bond is not required of a personal representative appointed in informal proceedings, except:

(a) upon the appointment of a special administrator;

(b) when an executor or other personal representative is appointed to administer an estate under a will containing an express requirement of bond; or

(c) when bond is required under 72-3-514 .

(2) Bond may be required by court order at the time of appointment of a personal representative appointed in any formal proceeding, except that bond is not required of a personal representative appointed in formal proceedings if the will relieves the personal representative of bond unless bond has been requested by an interested party and the court is satisfied that it is desirable. Bond required by any will may be dispensed with in formal proceedings upon determination by the court that it is not necessary.

(3) Bond is not required of any personal representative who, pursuant to statute, has deposited cash or collateral with an agency of this state to secure performance of the personal representative's duties.
Mont. Code Ann. § 72-38-132 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-132
72-38-132 Content of notice
Status: in_force

72-38-132 . Content of notice. The notice of proposed action or notice of proposed inaction must state that it is given pursuant to this part and must include all of the following:

(1) the name and mailing address of the trustee;

(2) the name and telephone number of a person who may be contacted for additional information;

(3) a description of the action or inaction proposed, the material facts upon which the trustee has relied in making its decision regarding the proposed action or inaction, and an explanation of the reasons for the action or inaction;

(4) a statement that failure of a qualified beneficiary to object within the allowed time bars the qualified beneficiary from taking any legal action against the trustee for liability within the scope of 72-38-133 except as provided in 72-38-133 (3) and that a qualified beneficiary may want to seek independent legal advice regarding the matter at the qualified beneficiary's expense;

(5) the time within which objections to the proposed action or inaction can be made, which must be at least 30 days from providing the notice of proposed action or notice of proposed inaction; and

(6) the date on or after which the proposed action or inaction is effective.
Mont. Code Ann. § 72-39-203 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-203
72-39-203 Notice -- exercise of decanting power
Status: in_force

72-39-203 . Notice -- exercise of decanting power. (1) In this section, a notice period begins on the day notice is given under subsection (3) and ends 60 days after the day notice is given.

(2) Except as otherwise provided in this chapter, an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval.

(3) Except as otherwise provided in subsection (6), an authorized fiduciary shall give notice in a record of the intended exercise of the decanting power not later than 60 days, exclusive of the day notice is given, before the exercise to:

(a) each settlor of the first trust, if living or then in existence;

(b) each qualified beneficiary of the first trust;

(c) each holder of a presently exercisable power of appointment over any part or all of the first trust;

(d) each person that currently has the right to remove or replace the authorized fiduciary;

(e) each other fiduciary of the first trust;

(f) each fiduciary of the second trust; and

(g) the attorney general, if 72-39-210 (2) applies.

(4) An authorized fiduciary is not required to give notice under subsection (3) to a person that is not known to the fiduciary or is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.

(5) A notice under subsection (3) must:

(a) specify the manner in which the authorized fiduciary intends to exercise the decanting power;

(b) specify the proposed effective date for exercise of the power;

(c) include a copy of the first-trust instrument; and

(d) include a copy of all second-trust instruments.

(6) The decanting power may be exercised before expiration of the notice period under subsection (1) if all persons entitled to receive notice waive the period in a signed record.

(7) The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under 72-39-205 asserting that:

(a) an attempted exercise of the decanting power is ineffective because it did not comply with this chapter or was an abuse of discretion or breach of fiduciary duty; or

(b) 72-39-218 applies to the exercise of the decanting power.

(8) An exercise of the decanting power is not ineffective because of the failure to give notice to one or more persons under subsection (3) if the authorized fiduciary acted with reasonable care to comply with subsection (3).
Mont. Code Ann. § 72-15-302 — MT Code / Title 72 / Chapter 15 / Part 3 / Section 72-15-302
72-15-302 Retiring public administrator may close pending estates
Status: in_force

72-15-302 . Retiring public administrator may close pending estates. The public administrator, upon the expiration or termination of the term of office, may continue to administer estates not closed by filing and presenting to the court a full and complete account pertaining to each estate not closed and securing a court order granting the public administrator letters of administration and qualifying the public administrator as a personal representative.
Mont. Code Ann. § 72-3-501 — MT Code / Title 72 / Chapter 3 / Part 5 / Section 72-3-501
72-3-501 Who may not be personal representative
Status: in_force

72-3-501 . Who may not be personal representative. No person is qualified to serve as a personal representative who is:

(1) under the age of 18;

(2) a person whom the court finds unsuitable in formal proceedings.
Mont. Code Ann. § 72-40-105 — MT Code / Title 72 / Chapter 40 / Part 1 / Section 72-40-105
72-40-105 Exclusions
Status: in_force

72-40-105 . Exclusions. (1) In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.

(2) This part does not apply to a:

(a) power of appointment;

(b) power to appoint or remove a trustee or trust director;

(c) power of a settlor over a trust to the extent the settlor has a power to revoke the trust;

(d) power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:

(i) the beneficiary; or

(ii) another beneficiary represented by the beneficiary under 72-38-301 through 72-38-305 with respect to the exercise or nonexercise of the power; or

(e) power over a trust if:

(i) the terms of the trust provide that the power is held in a nonfiduciary capacity; and

(ii) the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code of 1986, as amended, and regulations issued under it, as amended.

(3) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property, which is exercisable while the person is not serving as a trustee, is a power of appointment and not a power of direction.
Mont. Code Ann. § 72-3-215 — MT Code / Title 72 / Chapter 3 / Part 2 / Section 72-3-215
72-3-215 Clerk to issue statement of informal probate -- effect -- procedural defect not to void probate
Status: in_force

72-3-215 . Clerk to issue statement of informal probate -- effect -- procedural defect not to void probate. (1) Upon receipt of an application requesting informal probate of a will, the clerk, upon making the findings required by 72-3-212 and 72-3-213 , shall issue a written statement of informal probate if at least 120 hours have elapsed since the decedent's death.

(2) Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding.

(3) No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void.
Mont. Code Ann. § 72-3-611 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-611
72-3-611 No surcharge for authorized acts generally -- limitation
Status: in_force

72-3-611 . No surcharge for authorized acts generally -- limitation. (1) A personal representative may not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration and of this code, an informally probated will is authority to administer and distribute the estate according to its terms. Subject to the provisions of this code, an order of appointment of a personal representative, whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning the personal representative's appointment or fitness to continue, or a supervised administration proceeding.

(2) This section does not affect the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants whose claims have been allowed, the surviving spouse, any minor and dependent children, and any pretermitted child of the decedent as described elsewhere in this code.
Mont. Code Ann. § 72-5-605 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-605
72-5-605 Cooperation between courts
Status: in_force

72-5-605 . Cooperation between courts. (1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:

(a) hold an evidentiary hearing;

(b) order a person in that state to produce evidence or give testimony pursuant to procedures of that state;

(c) order that an evaluation or assessment be made of the respondent;

(d) order any appropriate investigation of a person involved in a proceeding;

(e) forward to the court of this state a certified copy of the transcript or other record of a hearing under subsection (1)(a) or any other proceeding, any evidence otherwise produced under subsection (1)(b), and any evaluation or assessment prepared in compliance with an order under subsection (1)(c) or (1)(d);

(f) issue any order necessary to ensure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person;

(g) issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. 164.504.

(2) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (1), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
Mont. Code Ann. § 72-38-820 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-820
72-38-820 Definitions
Status: in_force

72-38-820 . Definitions. As used in 72-38-820 through 72-38-826 , the following definitions apply:

(1) "Charitable trust" means a charitable trust as described in section 4947(a)(1) of the Internal Revenue Code.

(2) "Private foundation" means a private foundation as defined in section 509 of the Internal Revenue Code.

(3) "Split-interest trust" means a split-interest trust as described in section 4947(a)(2) of the Internal Revenue Code.
Mont. Code Ann. § 72-16-907 — MT Code / Title 72 / Chapter 16 / Part 9 / Section 72-16-907
72-16-907 Department to determine tax -- rehearing and appeal -- rulemaking
Status: in_force

72-16-907 . Department to determine tax -- rehearing and appeal -- rulemaking. (1) (a) The department of revenue shall enter an order determining the state estate tax and the amount due and payable.

(b) Any person with an interest aggrieved by the department's determination may appeal the determination to district court.

(2) The department shall adopt rules necessary for the administration and enforcement of this part.
Mont. Code Ann. § 72-2-904 — MT Code / Title 72 / Chapter 2 / Part 9 / Section 72-2-904
72-2-904 Other points of form
Status: in_force

72-2-904 . Other points of form. (1) The signatures must be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if the testator is unable to sign, by the person signing on the testator's behalf or, if there is no such person, by the authorized person. In addition, each sheet must be numbered.

(2) The date of the will must be the date of its signature by the authorized person.

(3) The authorized person shall ask the testator whether the testator wished to make a declaration concerning the safekeeping of the testator's will. If so and at the express request of the testator, the place where the testator intends to have the will kept must be mentioned in the certificate provided for in 72-2-905 .

(4) A will executed in compliance with 72-2-903 is not invalid merely because it does not comply with this section.
Mont. Code Ann. § 72-34-422 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-422
72-34-422 Definitions
Status: in_force

72-34-422 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Accounting period" means a calendar year unless another 12-month period is selected by a fiduciary. The term includes a portion of a calendar year or other 12-month period that begins when an income interest begins or ends when an income interest ends.

(2) "Fiduciary" means a personal representative or a trustee.

(3) "Income" means money or property that a fiduciary receives as current return from a principal asset. The term includes a portion of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided in 72-34-433 through 72-34-447 .

(4) "Income beneficiary" means a person to whom net income of a trust is or may be payable.

(5) "Income interest" means the right of an income beneficiary to receive all or part of net income, whether the trust requires it to be distributed or authorizes it to be distributed in the trustee's discretion.

(6) "Mandatory income interest" means the right of an income beneficiary to receive net income that the trust requires the fiduciary to distribute.

(7) "Net income" means the total receipts allocated to income during an accounting period minus the disbursements made from income during the accounting period, plus or minus transfers under this chapter to or from income during the accounting period.
Mont. Code Ann. § 72-5-436 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-436
72-5-436 Claims arising during conservatorship -- individual liability of conservator
Status: in_force

72-5-436 . Claims arising during conservatorship -- individual liability of conservator. (1) Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in the conservator's fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity and identify the estate in the contract.

(2) The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if the conservator is personally at fault.

(3) Claims based on contracts entered into by a conservator in a fiduciary capacity on obligations arising from ownership or control of the estate or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in the conservator's fiduciary capacity, whether or not the conservator is individually liable.

(4) Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, or indemnification or other appropriate proceeding or action.
Mont. Code Ann. § 72-2-720 — MT Code / Title 72 / Chapter 2 / Part 7 / Section 72-2-720
72-2-720 Worthier title doctrine abolished
Status: in_force

72-2-720 . Worthier title doctrine abolished. The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's "heirs", "heirs at law", "next of kin", "distributees", "relatives", or "family" or language of similar import does not create or presumptively create a reversionary interest in the transferor.
Mont. Code Ann. § 72-3-307 — MT Code / Title 72 / Chapter 3 / Part 3 / Section 72-3-307
72-3-307 Hearings and proof in uncontested cases
Status: in_force

72-3-307 . Hearings and proof in uncontested cases. If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of 72-3-313 and 72-3-316 have been met or conduct a hearing in open court and require proof of the matters necessary to support the order sought. If evidence concerning execution of the will is necessary, the affidavit or testimony of one of any attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit.
Mont. Code Ann. § 72-38-113 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-113
72-38-113 Insurable interest of trustee
Status: in_force

72-38-113 . Insurable interest of trustee. (1) In this section, "settlor" means a person who executes a trust instrument. The term includes a person for which a fiduciary or agent is acting.

(2) A trustee of a trust has an insurable interest in the life of an individual insured under a life insurance policy that is owned by the trustee of the trust acting in a fiduciary capacity or that designates the trust itself as the owner if, on the date the policy is issued:

(a) the insured is:

(i) a settlor of the trust; or

(ii) an individual in whom a settlor of the trust has, or would have had if living at the time the policy was issued, an insurable interest; and

(b) the life insurance proceeds are primarily for the benefit of one or more trust beneficiaries who have an insurable interest in the life of the insured as provided in 33-15-201 .
Mont. Code Ann. § 72-7-401 — MT Code / Title 72 / Chapter 7 / Part 4 / Section 72-7-401
72-7-401 Disclaimer
Status: in_force

72-7-401 . Disclaimer. As provided by 72-2-825 and 72-2-826 :

(1) a powerholder may disclaim all or part of a power of appointment; and

(2) a permissible appointee, appointee, or taker in default of appointment may disclaim all or part of an interest in appointive property.
Mont. Code Ann. § 72-2-819 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-819
72-2-819 Scope
Status: in_force

72-2-819 . Scope. Sections 72-2-817 through 72-2-833 apply to disclaimers of any interest in or power over property, whenever created.
Mont. Code Ann. § 72-2-533 — MT Code / Title 72 / Chapter 2 / Part 5 / Section 72-2-533
72-2-533 Separate writing identifying disposition of tangible personal property
Status: in_force

72-2-533 . Separate writing identifying disposition of tangible personal property. (1) Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money.

(2) To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty.

(3) The writing may be:

(a) referred to as one to be in existence at the time of the testator's death;

(b) prepared before or after the execution of the will;

(c) altered by the testator after its preparation; and

(d) a writing that has no significance apart from its effect upon the dispositions made by the will.
Mont. Code Ann. § 72-31-343 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-343
72-31-343 Banks and other financial institutions
Status: in_force

72-31-343 . Banks and other financial institutions. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:

(1) continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal;

(2) establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;

(3) contract for services available from a financial institution, including renting a safe deposit box or space in a vault;

(4) withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;

(5) receive statements of account, vouchers, notices, and similar documents from a financial institution and to act with respect to them;

(6) enter a safe deposit box or vault and withdraw or add to the contents;

(7) borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;

(8) make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;

(9) receive for the principal and act upon a sight draft, warehouse receipt, other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;

(10) apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and

(11) consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
Mont. Code Ann. § 72-2-411 — MT Code / Title 72 / Chapter 2 / Part 4 / Section 72-2-411
72-2-411 Applicable law
Status: in_force

72-2-411 . Applicable law. This part applies to the estate of a decedent who dies domiciled in this state. Rights to homestead allowance, exempt property, and family allowance for a decedent who dies not domiciled in this state are governed by the law of the decedent's domicile at death.
Mont. Code Ann. § 72-2-909 — MT Code / Title 72 / Chapter 2 / Part 9 / Section 72-2-909
72-2-909 International will information registration
Status: in_force

72-2-909 . International will information registration. The secretary of state shall establish a registry system by which authorized persons may register in a central information center information regarding the execution of international wills, keeping that information in strictest confidence until the death of the maker and then making it available to any person desiring information about any will who presents a death certificate or other satisfactory evidence of the testator's death to the center. Information that may be received, preserved in confidence until death, and reported as indicated is limited to the name, social security or individual-identifying number established by law, address, and date and place of birth of the testator and the intended place of deposit or safekeeping of the instrument pending the death of the maker. The secretary of state, at the request of the authorized person, may cause the information that the secretary of state receives about the execution of any international will to be transmitted to the registry system of another jurisdiction as identified by the testator if that other registry system adheres to rules protecting the confidentiality of the information similar to those established in this state.
Mont. Code Ann. § 72-6-201 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-201
72-6-201 Definitions
Status: in_force

72-6-201 . Definitions. In this part, the following definitions apply:

(1) "Account" means a contract of deposit between a depositor and a financial institution and includes a checking account, savings account, certificate of deposit, and share account.

(2) "Agent" means a person authorized to make account transactions for a party.

(3) "Beneficiary" means a person named as one to whom sums on deposit in an account are payable on request after death of all parties or for whom a party is named as trustee.

(4) "Financial institution" means an organization authorized to do business under state or federal laws relating to financial institutions and includes a bank, trust company, savings bank, building and loan association, savings and loan company or association, and credit union.

(5) "Multiple-party account" means an account payable on request to one or more of two or more parties, whether or not a right of survivorship is mentioned.

(6) "Party" means a person who, by the terms of an account, has a present right, subject to request, to payment from the account other than as a beneficiary or agent.

(7) "Payment" of sums on deposit includes withdrawal, payment to a party or third person pursuant to check or other request, and a pledge of sums on deposit by a party or a setoff, reduction, or other disposition of all or part of an account pursuant to a pledge.

(8) "POD designation" means the designation of:

(a) a beneficiary in an account payable on request to one party during the party's lifetime and on the party's death to one or more beneficiaries or to one or more parties during their lifetimes and on death of all of them to one or more beneficiaries; or

(b) a beneficiary in an account in the name of one or more parties as trustee for one or more beneficiaries if the relationship is established by the terms of the account and there is no subject of the trust other than the sums on deposit in the account, whether or not payment to the beneficiary is mentioned.

(9) "Receive", as it relates to notice to a financial institution, means receipt in the office or branch office of the financial institution in which the account is established or, if the terms of the account require notice at a particular place, in the place required.

(10) "Request" means a request for payment that complies with all terms of the account, including special requirements concerning necessary signatures and regulations of the financial institution; however, for purposes of this part, if terms of the account condition payment on advance notice, a request for payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for payment.

(11) "Sums on deposit" means the balance payable on an account, including interest and dividends earned, whether or not included in the current balance, and any deposit life insurance proceeds added to the account by reason of death of a party.

(12) "Terms of the account" includes the deposit agreement and other terms and conditions of the contract of deposit, including the type of account, the parties to the account, and the form of the contract.
Mont. Code Ann. § 72-38-108 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-108
72-38-108 Principal place of administration
Status: in_force

72-38-108 . Principal place of administration. (1) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if:

(a) a trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction; or

(b) all or part of the administration occurs in the designated jurisdiction.

(2) A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration, and the interests of the beneficiaries.

(3) Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty prescribed by subsection (2), may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States.

(4) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than 60 days before initiating the transfer. The notice of proposed transfer must include:

(a) the name of the jurisdiction to which the principal place of administration is to be transferred;

(b) the address and telephone number at the new location at which the trustee can be contacted;

(c) an explanation of the reasons for the proposed transfer;

(d) the date on which the proposed transfer is anticipated to occur; and

(e) the date, not less than 60 days after the giving of the notice, by which the qualified beneficiary shall notify the trustee of an objection to the proposed transfer.

(5) The authority of a trustee under this section to transfer a trust's principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.

(6) In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to 72-38-704 .
Mont. Code Ann. § 72-12-401 — MT Code / Title 72 / Chapter 12 / Part 4 / Section 72-12-401
72-12-401 Petition for handwriting analysis
Status: in_force

72-12-401 . Petition for handwriting analysis. In a proceeding involving the probate, either contested or uncontested, of a will in which the signature of the testator or of any witness is an issue, any party to the proceeding may file with the court a verified petition requesting that the original be delivered to a handwriting expert residing and having a place of business outside the state or outside the county for an examination of any of the signatures on the will.
Mont. Code Ann. § 72-4-311 — MT Code / Title 72 / Chapter 4 / Part 3 / Section 72-4-311
72-4-311 Effect of local administration on foreign representative, third persons, and local representative
Status: in_force

72-4-311 . Effect of local administration on foreign representative, third persons, and local representative. (1) The power of a domiciliary foreign personal representative under 72-4-306 or 72-4-310 may be exercised only if there is no administration or application for administration pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under 72-4-310 , but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate.

(2) A person who, before receiving actual notice of a pending local administration, has changed the person's position in reliance upon the powers of a foreign personal representative may not be prejudiced by reason of the application or petition for or grant of local administration. The local personal representative is subject to all duties and obligations that have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for the foreign personal representative in any action or proceedings in this state.
Mont. Code Ann. § 72-31-101 — MT Code / Title 72 / Chapter 31 / Part 1 / Section 72-31-101
72-31-101 Oath in behalf of corporation acting as fiduciary
Status: in_force

72-31-101 . Oath in behalf of corporation acting as fiduciary. In all matters in which a corporation is authorized to act as trustee, guardian, executor, administrator, or in any fiduciary capacity and an oath of office is required, it is proper for an officer of the corporation to take the required oath for and on behalf of the officer's corporation and the corporation becomes subject to the laws relating to individuals in similar matters so far as those laws may be applied to a corporation.
Mont. Code Ann. § 72-5-435 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-435
72-5-435 Persons dealing with conservator -- protection
Status: in_force

72-5-435 . Persons dealing with conservator -- protection. (1) A person who in good faith either assists a conservator or deals with the conservator for value in any transaction other than those requiring a court order as provided in 72-5-421 is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, except that restrictions on powers of conservators that are endorsed on letters as provided in 72-5-430 are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator.

(2) The protection expressed in this section extends to any procedural irregularity or jurisdictional defect occurring in proceedings leading to the issuance of letters and is not a substitution for protection provided by comparable provisions of the law relating to commercial transactions or laws simplifying transfers of securities by fiduciaries.

(3) The protection under this section is not a substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
Mont. Code Ann. § 72-38-130 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-130
72-38-130 Scope and effect of part -- proposed action or inaction described
Status: in_force

72-38-130 . Scope and effect of part -- proposed action or inaction described. (1) Subject to 72-38-131 (2), a trustee may give a notice of proposed action or notice of proposed inaction regarding a matter governed by the provisions of Title 72, chapter 3, part 4, 72-38-801 through 72-38-817 , Title 72, chapter 38, part 9, or any other provision of law or this chapter under which a trustee has discretion to act as provided in 72-38-130 through 72-38-134 .

(2) For the purpose of 72-38-130 through 72-38-134 , a proposed action includes a course of action or a decision not to take action. Sections 72-38-130 through 72-38-134 do not preclude an application or assertion of any other rights or remedies available to an interested party as otherwise provided in this chapter regarding an action to be taken or not to be taken by the trustee.
Mont. Code Ann. § 72-38-1002 — MT Code / Title 72 / Chapter 38 / Part 10 / Section 72-38-1002
72-38-1002 Damages for breach of trust
Status: in_force

72-38-1002 . Damages for breach of trust. (1) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:

(a) any loss or depreciation in value of the trust estate resulting from the breach of trust, with interest;

(b) the profit the trustee made by reason of the breach of trust, with interest; or

(c) any profit that would have accrued to the trust estate if the loss of profit is the result of the breach of trust.

(2) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the fiduciary duties of the trustee, the terms or purposes of the trust, or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.

(3) If the trustee is liable for interest pursuant to this section, interest must be determined as the greater of the following amounts:

(a) the amount of interest that accrues at the legal rate on judgments; or

(b) the amount of interest the trustee actually received as a result of the breach of trust.
Mont. Code Ann. § 72-7-601 — MT Code / Title 72 / Chapter 7 / Part 6 / Section 72-7-601
72-7-601 Uniformity of application and construction
Status: in_force

72-7-601 . Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Mont. Code Ann. § 72-31-320 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-320
72-31-320 Exoneration of agent
Status: in_force

72-31-320 . Exoneration of agent. A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:

(1) relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or

(2) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
Mont. Code Ann. § 72-3-105 — MT Code / Title 72 / Chapter 3 / Part 1 / Section 72-3-105
72-3-105 Interested persons' rights of application and petition
Status: in_force

72-3-105 . Interested persons' rights of application and petition. Persons interested in decedent's estate may apply to the clerk for determination in the informal proceedings provided in chapter 3, part 2, and may petition the court for orders in formal proceedings within the court's jurisdiction, including but not limited to those described in chapter 3, parts 3 and 4.
Mont. Code Ann. § 72-38-814 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-814
72-38-814 Discretionary powers -- tax savings
Status: in_force

72-38-814 . Discretionary powers -- tax savings. (1) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute", "sole", or "uncontrolled", the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.

(2) Subject to subsection (4) and unless the terms of the trust expressly indicate that a rule in this subsection does not apply:

(a) a person other than a settlor who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit may exercise the power only in accordance with an ascertainable standard; and

(b) a trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person.

(3) A power whose exercise is limited or prohibited by subsection (2) may be exercised by a majority of the remaining trustees whose exercise of the power is not so limited or prohibited. If the power of all trustees is so limited or prohibited, the court may appoint a special fiduciary with authority to exercise the power.

(4) Subsection (2) does not apply to:

(a) a power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in section 2056(b)(5) or 2523(e) of the Internal Revenue Code of 1986, as in effect on the effective date of this chapter or as later amended, was previously allowed;

(b) any trust during any period that the trust may be revoked or amended by its settlor; or

(c) a trust if contributions to the trust qualify for the annual exclusion under section 2503(c) of the Internal Revenue Code of 1986, as in effect on the effective date of this chapter or as later amended.
Mont. Code Ann. § 72-7-306 — MT Code / Title 72 / Chapter 7 / Part 3 / Section 72-7-306
72-7-306 Appointment to deceased appointee or permissible appointee's descendant
Status: in_force

72-7-306 . Appointment to deceased appointee or permissible appointee's descendant. (1) Subject to the antilapse provisions of 72-2-613 , an appointment to a deceased appointee is ineffective.

(2) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of or create a new power of appointment in a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.
Mont. Code Ann. § 72-38-708 — MT Code / Title 72 / Chapter 38 / Part 7 / Section 72-38-708
72-38-708 Compensation of trustee
Status: in_force

72-38-708 . Compensation of trustee. (1) If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the circumstances.

(2) If the terms of a trust specify the trustee's compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if:

(a) the duties of the trustee are substantially different from those contemplated when the trust was created; or

(b) the compensation specified by the terms of the trust would be unreasonably low or high.
Mont. Code Ann. § 72-31-404 — MT Code / Title 72 / Chapter 31 / Part 4 / Section 72-31-404
72-31-404 Terms-of-service agreement
Status: in_force

72-31-404 . Terms-of-service agreement. (1) This part does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.

(2) This part does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.

(3) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under 72-31-403 .
Mont. Code Ann. § 72-5-315 — MT Code / Title 72 / Chapter 5 / Part 3 / Section 72-5-315
72-5-315 Procedure for court appointment of guardian -- hearing -- examination -- interview -- procedural rights
Status: in_force

72-5-315 . Procedure for court appointment of guardian -- hearing -- examination -- interview -- procedural rights. (1) The incapacitated person or any person interested in the incapacitated person's welfare, including the county attorney, may petition for a finding of incapacity and appointment of a guardian.

(2) Upon the filing of a petition, the court shall set a date for hearing on the issues of incapacity. The allegedly incapacitated person may have counsel of the person's own choice or the court may, in the interest of justice, appoint an appropriate official or order the office of state public defender, provided for in 2-15-1029 , to assign counsel pursuant to the Montana Public Defender Act, Title 47, chapter 1, to represent the person in the proceeding.

(3) The person alleged to be incapacitated must be examined by a physician appointed by the court who shall submit a report in writing to the court and must be interviewed by a visitor sent by the court. Whenever possible, the court shall appoint as visitor a person who has particular experience or expertise in treating, evaluating, or caring for persons with the kind of disabling condition that is alleged to be the cause of the incapacity. The visitor shall also interview the person who appears to have caused the petition to be filed and the person who is nominated to serve as guardian and visit the present place of abode of the person alleged to be incapacitated and the place it is proposed that the person will be detained or reside if the requested appointment is made and submit the visitor's report in writing to the court. Whenever possible without undue delay or expense beyond the ability to pay of the alleged incapacitated person, the court, in formulating the judgment, shall utilize the services of any public or charitable agency that offers or is willing to evaluate the condition of the allegedly incapacitated person and make recommendations to the court regarding the most appropriate form of state intervention in the person's affairs.

(4) The person alleged to be incapacitated is entitled to be present at the hearing in person and to see or hear all evidence bearing upon the person's condition. The person is entitled to be present by counsel, to present evidence, to cross-examine witnesses, including the court-appointed physician and the visitor, and to trial by jury. The issue may be determined at a closed hearing without a jury if the person alleged to be incapacitated or the person's counsel requests it.
Mont. Code Ann. § 72-3-319 — MT Code / Title 72 / Chapter 3 / Part 3 / Section 72-3-319
72-3-319 Formal appointment proceedings
Status: in_force

72-3-319 . Formal appointment proceedings. (1) A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative or of one who previously has been appointed personal representative in informal proceedings, if an issue concerning the testacy of the decedent is or may be involved, is governed by 72-3-301 as well as by this section. In other cases, the petition shall contain or adopt the statements required by 72-3-202 and describe the question relating to priority or qualification of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment, the previously appointed personal representative, after receipt of notice thereof, shall refrain from exercising any power of administration except as necessary to preserve the estate or unless the court orders otherwise.

(2) After notice to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative, and any person having or claiming priority for appointment as personal representative, the court shall determine who is entitled to appointment under 72-3-501 through 72-3-508 , make a proper appointment, and if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under 72-3-526 .
Mont. Code Ann. § 72-5-444 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-444
72-5-444 Petition to authorize proposed action -- substituted judgment
Status: in_force

72-5-444 . Petition to authorize proposed action -- substituted judgment. (1) The conservator or other interested person may file a petition under 72-5-444 through 72-5-450 for an order of the court authorizing or requiring the conservator to take a proposed action for any one or more of the following purposes:

(a) benefiting the protected person or the estate;

(b) minimizing current or prospective taxes or expenses of administration of the conservatorship estate or of the estate upon the death of the protected person; or

(c) providing gifts for any purposes and to any charities, relatives (including the protected person's spouse, descendants, or ancestors), friends, or other objects of bounty as would be likely beneficiaries of gifts from the protected person.

(2) The action proposed in the petition may include but is not limited to the following:

(a) making gifts of principal or income, or both, of the estate, outright or in trust;

(b) conveying or releasing the protected person's contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety;

(c) exercising or releasing the protected person's powers as donee of a power of appointment;

(d) entering into contracts;

(e) creating for the benefit of the protected person or others revocable or irrevocable trusts of the property of the estate that may extend beyond the protected person's disability or life;

(f) transferring to a trust created by the conservator or protected person any property unintentionally omitted from the trust;

(g) exercising options of the protected person to purchase or exchange securities or other property;

(h) exercising the rights of the protected person to elect benefit or payment options, to terminate or to change beneficiaries or ownership, to assign rights, to borrow, or to receive cash value in return for a surrender of rights under any of the following:

(i) life insurance policies, plans, or benefits;

(ii) annuity policies, plans, or benefits;

(iii) mutual fund and other dividend investment plans; or

(iv) retirement, profit sharing, and employee welfare plans and benefits;

(i) exercising the right of the protected person to disclaim any interest that may be disclaimed;

(j) exercising the right of the protected person to revoke or modify a revocable trust or to surrender the right to revoke or modify a revocable trust. The court may not authorize or require the conservator to exercise the right to revoke or modify a revocable trust if the instrument governing the trust:

(i) evidences an intent to reserve the right of revocation or modification exclusively to the protected person;

(ii) provides expressly that a conservator may not revoke or modify the trust; or

(iii) otherwise evidences an intent that would be inconsistent with authorizing or requiring the conservator to exercise the right to revoke or modify the trust.

(3) If an existing trust has been or is being amended, the order of the court may authorize the conservator to execute, after the trust amendment, a new "pour over" will or codicil that devises to the trustee of the amended trust other property of the protected person that had not previously been transferred to the trust.
Mont. Code Ann. § 72-3-312 — MT Code / Title 72 / Chapter 3 / Part 3 / Section 72-3-312
72-3-312 Effect of final order in another state
Status: in_force

72-3-312 . Effect of final order in another state. A final order of a court of another state determining testacy, the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of this state if it includes or is based upon a finding that the decedent was domiciled at the decedent's death in the state where the order was made.
Mont. Code Ann. § 72-2-612 — MT Code / Title 72 / Chapter 2 / Part 6 / Section 72-2-612
72-2-612 Will may pass all property and after-acquired property
Status: in_force

72-2-612 . Will may pass all property and after-acquired property. A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's death.
Mont. Code Ann. § 72-38-404 — MT Code / Title 72 / Chapter 38 / Part 4 / Section 72-38-404
72-38-404 Trust purposes
Status: in_force

72-38-404 . Trust purposes. A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries.
Mont. Code Ann. § 72-38-1102 — MT Code / Title 72 / Chapter 38 / Part 11 / Section 72-38-1102
72-38-1102 Electronic records and signatures
Status: in_force

72-38-1102 . Electronic records and signatures. The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or electronic signatures and of contracts formed or performed with the use of such records or signatures conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7002) and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act.
Mont. Code Ann. § 72-3-602 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-602
72-3-602 Priority among different letters
Status: in_force

72-3-602 . Priority among different letters. A person to whom general letters are issued first has exclusive authority under the letters until the person's appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the subsequent representative done in good faith before notice of the first letters are not void for want of validity of appointment.
Mont. Code Ann. § 72-38-807 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-807
72-38-807 Delegation by trustee
Status: in_force

72-38-807 . Delegation by trustee. (1) A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:

(a) selecting an agent;

(b) establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and

(c) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.

(2) In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.

(3) A trustee who complies with subsection (1) is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.

(4) By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of this state, an agent submits to the jurisdiction of the courts of this state.
Mont. Code Ann. § 72-38-602 — MT Code / Title 72 / Chapter 38 / Part 6 / Section 72-38-602
72-38-602 Revocation or amendment of revocable trust
Status: in_force

72-38-602 . Revocation or amendment of revocable trust. (1) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before October 1, 1989.

(2) If a revocable trust is created or funded by more than one settlor:

(a) to the extent the trust consists of community property, the trust may be revoked by either party acting alone but may be amended only by joint action of both parties;

(b) to the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard the portion of the trust property attributable to that settlor's contribution; and

(c) upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly provide notice to the other settlors of the revocation or amendment.

(3) The settlor may revoke or amend a revocable trust:

(a) by substantial compliance with a method provided in the terms of the trust; or

(b) if the terms of the trust do not provide a method, by a writing delivered to the trustee manifesting clear and convincing evidence of the settlor's intent.

(4) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs. However, with respect to community property under subsection (2)(a), the trustee shall deliver the property to the respective spouses, proportionate to their respective shares of the community property as prescribed by the laws of the state out of which the community property interest arose, and the nonrevoking spouse may elect to have the trust continue with respect to that spouse's share of the community property.

(5) A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust and the power of attorney.

(6) A conservator of the settlor or, if no conservator has been appointed, a guardian of the settlor may exercise a settlor's powers with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the conservatorship or guardianship.

(7) A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.
Mont. Code Ann. § 72-38-105 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-105
72-38-105 Default and mandatory rules
Status: in_force

72-38-105 . Default and mandatory rules. (1) Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.

(2) The terms of a trust prevail over any provision of this chapter except:

(a) the requirements for creating a trust;

(b) subject to 72-40-113 , 72-40-115 , and 72-40-116 , the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries;

(c) the requirement that a trust and its terms be for the benefit of its beneficiaries and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve;

(d) the power of the court to modify or terminate a trust under 72-38-410 through 72-38-416 ;

(e) the effect of a spendthrift provision;

(f) the power of the court under 72-38-702 to require, dispense with, or modify or terminate a bond;

(g) the power of the court under 72-38-708 (2) to adjust a trustee's compensation specified in the terms of the trust that is unreasonably low or high;

(h) the effect of an exculpatory term under 72-38-1008 ;

(i) the rights under 72-38-1010 through 72-38-1013 of a person other than a trustee or beneficiary;

(j) the periods of limitation for commencing a judicial proceeding;

(k) the power of the court to take the action and exercise the jurisdiction that may be necessary in the interests of justice; and

(l) the subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in 72-38-201 and 72-38-205 .
Mont. Code Ann. § 72-7-501 — MT Code / Title 72 / Chapter 7 / Part 5 / Section 72-7-501
72-7-501 Creditor claim -- general power created by powerholder
Status: in_force

72-7-501 . Creditor claim -- general power created by powerholder. (1) In this section, "power of appointment created by the powerholder" includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer.

(2) Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder's estate to the extent provided in the Uniform Fraudulent Transfer Act, 31-2-326 through 31-2-342 , and in 70-20-401 , 70-20-402 , and 70-20-405 .

(3) Subject to subsection (2), appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder's estate.

(4) Subject to subsections (2) and (3) and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of:

(a) the powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and

(b) the powerholder's estate, to the extent the estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the powerholder's death.
Mont. Code Ann. § 72-6-206 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-206
72-6-206 Applicability of beneficial ownership provisions
Status: in_force

72-6-206 . Applicability of beneficial ownership provisions. The provisions of 72-6-211 through 72-6-214 and 72-6-216 concerning beneficial ownership as between parties or as between parties and beneficiaries apply only to controversies between those persons and their creditors and other successors and do not apply to the right of those persons to payment as determined by the terms of the account. Sections 72-6-221 through 72-6-227 govern the liability and setoff rights of financial institutions that make payments pursuant to it.
Mont. Code Ann. § 72-3-803 — MT Code / Title 72 / Chapter 3 / Part 8 / Section 72-3-803
72-3-803 Nonclaim -- limitations on presentation of claims -- exceptions
Status: in_force

72-3-803 . Nonclaim -- limitations on presentation of claims -- exceptions. (1) All claims against a decedent's estate that arose before the death of the decedent, including claims of the state and any subdivision of the state, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees and nonprobate transferees of the decedent unless presented within the earlier of the following time limitations:

(a) within 1 year after the decedent's death; or

(b) within the time provided by 72-3-801 (2) for creditors who are given actual notice and within the time provided in 72-3-801 (1) for all creditors barred by publication.

(2) A claim described in subsection (1) which is barred by the nonclaim statute at the decedent's domicile before the giving of notice to creditors in this state is barred in this state.

(3) All claims against a decedent's estate that arise at or after the death of the decedent, including claims of the state and any subdivision of the state, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the personal representative, and the heirs and devisees of the decedent unless presented as follows:

(a) a claim based on a contract with the personal representative, within 4 months after performance by the personal representative is due;

(b) any other claim, within the later of 4 months after it arises or the time specified in subsection (1)(a).

(4) This section does not affect or prevent:

(a) any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate;

(b) to the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which the decedent or the personal representative is protected by liability insurance; or

(c) collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative of the estate.
Mont. Code Ann. § 72-3-317 — MT Code / Title 72 / Chapter 3 / Part 3 / Section 72-3-317
72-3-317 Effect of formal testacy order -- modification or vacation -- fact of death -- remedies of alleged decedent
Status: in_force

72-3-317 . Effect of formal testacy order -- modification or vacation -- fact of death -- remedies of alleged decedent. Subject to appeal and subject to vacation as provided in 72-3-318 and this section, a formal testacy order under 72-3-313 through 72-3-316 , including an order that the decedent left no valid will and determining heirs, is final as to all persons with respect to all issues concerning the decedent's estate that the court considered or might have considered incident to its rendition relevant to the question of whether the decedent left a valid will and to the determination of heirs, except that:

(1) the court shall entertain a petition for modification or vacation of its order and probate of another will of the decedent if it is shown that the proponents of the later-offered will:

(a) were unaware of its existence at the time of the earlier proceeding; or

(b) were unaware of the earlier proceeding and were given no notice of the proceeding, except by publication;

(2) if intestacy of all or part of the estate has been ordered, the determination of heirs of the decedent may be reconsidered if it is shown that one or more persons were omitted from the determination and it is also shown that the persons:

(a) were unaware of their relationship to the decedent;

(b) were unaware of the decedent's death; or

(c) were given no notice of any proceeding concerning the decedent's estate, except by publication;

(3) a petition for vacation under either subsection (1) or (2) above must be filed prior to the earlier of the following time limits:

(a) if a personal representative has been appointed for the estate, the time of entry of any order approving final distribution of the estate or, if the estate is closed by statement, 6 months after the filing of the closing statement;

(b) whether or not a personal representative has been appointed for the estate of the decedent, the time prescribed by 72-3-122 when it is no longer possible to initiate an original proceeding to probate a will of the decedent;

(c) 12 months after the entry of the order sought to be vacated;

(4) the order originally rendered in the testacy proceeding may be modified or vacated, if appropriate under the circumstances, by the order of probate of the later-offered will or the order redetermining heirs;

(5) the finding of the fact of death is conclusive as to the alleged decedent only if notice of the hearing on the petition in the formal testacy proceeding was sent by registered or certified mail addressed to the alleged decedent at the last-known address and the court finds that a search under 72-3-306 was made. If the alleged decedent is not dead, even if notice was sent and search was made, the alleged decedent may recover estate assets in the hands of the personal representative. In addition to any remedies available to the alleged decedent by reason of any fraud or intentional wrongdoing, the alleged decedent may recover any estate or its proceeds from distributees that is in their hands or the value of distributions received by them, to the extent that any recovery from distributees is equitable in view of all of the circumstances.
Mont. Code Ann. § 72-11-104 — MT Code / Title 72 / Chapter 11 / Part 1 / Section 72-11-104
72-11-104 Computation of degrees in collateral kinship
Status: in_force

72-11-104 . Computation of degrees in collateral kinship. The degree of collateral kinship of two persons is computed by commencing with one of the persons, ascending from that person to a common ancestor, descending from that ancestor to the other person, and counting one degree for each person in the line of ascent and in the line of descent, exclusive of the person from whom the computation begins. Siblings are related to each other in the second degree, uncle and niece are related to each other in the third degree, and first cousins are related to each other in the fourth degree.
Mont. Code Ann. § 72-3-523 — MT Code / Title 72 / Chapter 3 / Part 5 / Section 72-3-523
72-3-523 Termination of appointment -- change of testacy status
Status: in_force

72-3-523 . Termination of appointment -- change of testacy status. Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will that is superseded by formal probate of another will or the vacation of an informal probate of a will subsequent to the appointment of the personal representative under the will does not terminate the appointment of the personal representative although the personal representative's powers may be reduced as provided in 72-3-304 . Termination occurs upon appointment in informal or formal appointment proceedings of a person entitled to appointment under the later assumption concerning testacy. If a request for new appointment is not made within 30 days after expiration of time for appeal from the order in formal testacy proceedings or from the informal probate changing the assumption concerning testacy, the previously appointed personal representative upon request may be appointed personal representative under the subsequently probated will or as in intestacy, as the case may be.
Mont. Code Ann. § 72-2-721 — MT Code / Title 72 / Chapter 2 / Part 7 / Section 72-2-721
72-2-721 Interests in "heirs" and like
Status: in_force

72-2-721 . Interests in "heirs" and like. If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual's "heirs", "heirs at law", "next of kin", "relatives", or "family" or language of similar import, the property passes to those persons, including the state, and in such shares as would succeed to the designated individual's intestate estate under the intestate succession law of the designated individual's domicile in effect at the time the disposition is to take effect in possession or enjoyment as if the designated individual died at that time. If the designated individual's surviving spouse is living but is remarried at the time the disposition is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated individual.
Mont. Code Ann. § 72-38-703 — MT Code / Title 72 / Chapter 38 / Part 7 / Section 72-38-703
72-38-703 Cotrustees
Status: in_force

72-38-703 . Cotrustees. (1) Cotrustees who are unable to reach a unanimous decision may act by majority decision.

(2) If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.

(3) Subject to 72-40-116 , a cotrustee shall participate in the performance of a trustee's function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other law, or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another trustee.

(4) If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.

(5) A trustee may not delegate to a cotrustee the performance of a function the settlor reasonably expected the trustees to perform jointly. Unless a delegation was irrevocable, a trustee may revoke a delegation previously made.

(6) Except as otherwise provided in subsection (7), a trustee who does not join in an action of another trustee is not liable for the action.

(7) Subject to 72-40-116 , each trustee shall exercise reasonable care to:

(a) prevent a cotrustee from committing a serious breach of trust; and

(b) compel a cotrustee to redress a serious breach of trust.

(8) A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notifies any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a serious breach of trust.
Mont. Code Ann. § 72-39-206 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-206
72-39-206 Formalities
Status: in_force

72-39-206 . Formalities. An exercise of the decanting power must be made in a record signed by an authorized fiduciary. The signed record must, directly or by reference to the notice required by 72-39-203 , identify the first trust and the second trust or trusts and state the property of the first trust being distributed to each second trust and the property, if any, that remains in the first trust.
Mont. Code Ann. § 72-14-302 — MT Code / Title 72 / Chapter 14 / Part 3 / Section 72-14-302
72-14-302 Statute of limitations
Status: in_force

72-14-302 . Statute of limitations. Such action must be brought within 5 years from the date on which the money or property is received by the state treasurer, saving, however, to minors and persons of unsound mind or citizens of the United States beyond the limits of the United States, the right to commence their action at any time within the time limited or 5 years after their respective disabilities cease.
Mont. Code Ann. § 72-34-426 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-426
72-34-426 Proceedings relating to adjustments -- remedy
Status: in_force

72-34-426 . Proceedings relating to adjustments -- remedy. In a proceeding with respect to a trustee's exercise or nonexercise of the power to make an adjustment under 72-34-424 , the sole remedy is to direct, deny, or revise an adjustment between principal and income.
Mont. Code Ann. § 72-14-202 — MT Code / Title 72 / Chapter 14 / Part 2 / Section 72-14-202
72-14-202 Public administrator to deposit money with county treasurer -- disbursement for administration -- accounts
Status: in_force

72-14-202 . Public administrator to deposit money with county treasurer -- disbursement for administration -- accounts. (1) A public administrator shall, as soon as the public administrator receives the money, deposit with the county treasurer of the county in which probate proceedings are pending all money of the estate. The money may be drawn upon the order of the public administrator, countersigned by a district judge, when required for the purposes of administration.

(2) The county treasurer shall receive and safely keep all money and pay the money out upon the order of the public administrator, when countersigned by a district judge and not otherwise, and keep an account with the estate of all money received and paid to the county treasurer. The treasurer and the treasurer's sureties are liable upon the treasurer's official bond for the safekeeping and payment of all money as provided in this section.
Mont. Code Ann. § 72-40-112 — MT Code / Title 72 / Chapter 40 / Part 1 / Section 72-40-112
72-40-112 Duty and liability of trust director
Status: in_force

72-40-112 . Duty and liability of trust director. (1) Subject to subsection (2), with respect to a power of direction or further power under 72-40-110 (2)(a):

(a) a trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:

(i) if the power is held individually, as a sole trustee in a like position and under similar circumstances; or

(ii) if the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and

(b) the terms of the trust may vary the director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.

(2) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than this part to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under this part.

(3) The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section.
Mont. Code Ann. § 72-34-428 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-428
72-34-428 Rules applicable after decedent's death or termination of income interest
Status: in_force

72-34-428 . Rules applicable after decedent's death or termination of income interest. After the decedent's death, in the case of a decedent's estate, or after an income interest in a trust ends, the following rules apply:

(1) If property is specifically given to a beneficiary, by will or trust, the fiduciary of the estate or of the terminating income interest shall distribute the net income and principal receipts to the beneficiary who is to receive the property, subject to the following rules:

(a) the net income and principal receipts from the specifically given property are determined by including all of the amounts the fiduciary receives or pays with respect to the property, whether the amounts accrued or became due before, on, or after the decedent's death or an income interest in a trust ends and by making a reasonable provision for amounts that the fiduciary believes the estate or terminating income interest may become obligated to pay after the property is distributed; and

(b) the fiduciary may not reduce income and principal receipts from the specifically given property on account of a payment described in 72-34-447 to the extent that the will or the trust requires payment from other property or to the extent that the fiduciary recovers the payment from a third person.

(2) The fiduciary shall distribute to a beneficiary who receives a pecuniary amount, whether outright or in trust, the interest or any other amount provided by the will, the trust, or 72-3-913 from the remaining net income determined under subsection (3) of this section or from principal to the extent that net income is insufficient.

(3) The fiduciary shall determine the remaining net income of the decedent's estate or terminating income interest as provided in this part and by doing the following:

(a) including in net income all income from property used to discharge liabilities;

(b) paying from income or principal, in the fiduciary's discretion, fees of attorneys, accountants, and fiduciaries, court costs and other expenses of administration, and interest on death taxes, except that the fiduciary may pay these expenses from income of property passing to a trust for which the fiduciary claims an estate tax marital or charitable deduction only to the extent that the payment of these expenses from income will not cause the reduction or loss of the deduction;

(c) paying from principal all other disbursements made or incurred in connection with the settlement of a decedent's estate or the winding up of a terminating income interest, including debts, funeral expenses, disposition of remains, family allowances, and death taxes and related penalties that are apportioned to the estate or terminating income interest by the will, the trust, or Title 72, chapter 16, part 6.

(4) After distributions required by subsection (2), the fiduciary shall distribute the remaining net income determined under subsection (3) in the manner provided in 72-34-429 to all other beneficiaries.
Mont. Code Ann. § 72-3-704 — MT Code / Title 72 / Chapter 3 / Part 7 / Section 72-3-704
72-3-704 Special administrator -- formal proceedings -- power and duties
Status: in_force

72-3-704 . Special administrator -- formal proceedings -- power and duties. A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative, except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts, or on other terms as the court may direct.
Mont. Code Ann. § 72-38-1006 — MT Code / Title 72 / Chapter 38 / Part 10 / Section 72-38-1006
72-38-1006 Reliance on trust instrument
Status: in_force

72-38-1006 . Reliance on trust instrument. A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.
Mont. Code Ann. § 72-34-429 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-429
72-34-429 Beneficiary's portion of net income -- maintenance of records -- distribution date
Status: in_force

72-34-429 . Beneficiary's portion of net income -- maintenance of records -- distribution date. (1) Each beneficiary described in 72-34-428 (4) is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values as of the distribution dates and without reducing the values by any unpaid principal obligations.

(2) If a fiduciary does not distribute all of the collected but undistributed net income to each beneficiary as of a distribution date, the fiduciary shall maintain appropriate records showing the interest of each beneficiary in that net income.

(3) The distribution date for purposes of this section may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which assets are actually distributed.
Mont. Code Ann. § 72-31-366 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-366
72-31-366 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

72-31-366 . Relation to Electronic Signatures in Global and National Commerce Act. This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
Mont. Code Ann. § 72-5-101 — MT Code / Title 72 / Chapter 5 / Part 1 / Section 72-5-101
72-5-101 Definitions
Status: in_force

72-5-101 . Definitions. Unless otherwise apparent from the context, in chapters 1 through 5 and chapter 16, part 6, the following definitions apply:

(1) "Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, except minority, to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the person or which cause has so impaired the person's judgment that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment.

(2) "Protected person" means a minor or other person for whom a conservator has been appointed or other protective order has been made.

(3) "Protective proceeding" means a proceeding under the provisions of 72-5-409 to determine that a person cannot effectively manage or apply the person's estate to necessary ends, either because the person lacks the ability or is otherwise inconvenienced or because the person is a minor, and to secure administration of the person's estate by a conservator or other appropriate relief.

(4) "Substituted judgment" means the judgment that an incapacitated person would make if restored to capacity based upon:

(a) the person's present preference or, if the person is incapable of indicating the person's preference, the person's prior expressed preference;

(b) the person's personal, moral, and religious convictions;

(c) the person's relationship with family members;

(d) the consequences if the action proposed is not taken;

(e) the consequences if the action proposed is taken; and

(f) other relevant factors.

(5) "Ward" means a person for whom a guardian has been appointed. A "minor ward" is a minor for whom a guardian has been appointed solely because of minority.
Mont. Code Ann. § 72-31-309 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-309
72-31-309 When power of attorney effective
Status: in_force

72-31-309 . When power of attorney effective. (1) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.

(2) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.

(3) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:

(a) a physician that the principal is incapacitated within the meaning of 72-31-302 (5)(a); or

(b) an attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of 72-31-302 (5)(b).

(4) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act of 1996, sections 1171 through 1179 of the Social Security Act, 42 U.S.C. 1320d, et seq., and applicable regulations to obtain access to the principal's health care information and communicate with the principal's health care provider.
Mont. Code Ann. § 72-7-314 — MT Code / Title 72 / Chapter 7 / Part 3 / Section 72-7-314
72-7-314 Powerholder's authority to revoke or amend exercise
Status: in_force

72-7-314 . Powerholder's authority to revoke or amend exercise. A powerholder may revoke or amend an exercise of a power of appointment only to the extent that:

(1) the powerholder reserves a power of revocation or amendment in the instrument exercising the power of appointment and, if the power is nongeneral, the terms of the instrument creating the power of appointment do not prohibit the reservation; or

(2) the terms of the instrument creating the power of appointment provide that the exercise is revocable or amendable.
Mont. Code Ann. § 72-2-123 — MT Code / Title 72 / Chapter 2 / Part 1 / Section 72-2-123
72-2-123 Individuals related to decedent through two lines
Status: in_force

72-2-123 . Individuals related to decedent through two lines. An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share.
Mont. Code Ann. § 72-31-351 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-351
72-31-351 Taxes
Status: in_force

72-31-351 . Taxes. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:

(1) prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under section 2032A of the Internal Revenue Code, 26 U.S.C. 2032A, closing agreements, and any power of attorney required by the internal revenue service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years;

(2) pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the internal revenue service or other taxing authority;

(3) exercise any election available to the principal under federal, state, local, or foreign tax law; and

(4) act for the principal in all tax matters for all periods before the internal revenue service or other taxing authority.
Mont. Code Ann. § 72-2-1002 — MT Code / Title 72 / Chapter 2 / Part 10 / Section 72-2-1002
72-2-1002 Statutory rule against perpetuities
Status: in_force

72-2-1002 . Statutory rule against perpetuities. (1) A nonvested property interest is invalid unless:

(a) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or

(b) the interest either vests or terminates within 90 years after its creation.

(2) A general power of appointment not presently exercisable because of a condition precedent is invalid unless:

(a) when the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than 21 years after the death of an individual then alive; or

(b) the condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation.

(3) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:

(a) when the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or

(b) the power is irrevocably exercised or otherwise terminates within 90 years after its creation.

(4) In determining whether a nonvested property interest or a power of appointment is valid under subsection (1)(a), (2)(a), or (3)(a), the possibility that a child will be born to an individual after the individual's death is disregarded.

(5) If, in measuring a period from the creation of a trust or other property arrangement, a clause in a governing instrument purports to postpone the vesting or termination of any interest or trust until, purports to disallow the vesting or termination of any interest or trust beyond, purports to require all interests or trusts to vest or terminate no later than, or operates in any similar fashion upon the later of:

(a) the expiration of a period of time that exceeds 21 years or that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement; or

(b) the death of, or the expiration of a period not exceeding 21 years after the death of, the survivor of specified lives in being at the creation of the trust or other property arrangement, then the portion of the clause pertaining to the period of time that exceeds 21 years or that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement must be disregarded, and the clause operates upon the death of, or upon the expiration of the period not exceeding 21 years after the death of, the survivor of the specified lives in being at the creation of the trust or other property arrangement.
Mont. Code Ann. § 72-6-404 — MT Code / Title 72 / Chapter 6 / Part 4 / Section 72-6-404
72-6-404 Transfer on death deed authorized
Status: in_force

72-6-404 . Transfer on death deed authorized. An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.
Mont. Code Ann. § 72-6-302 — MT Code / Title 72 / Chapter 6 / Part 3 / Section 72-6-302
72-6-302 Registration in beneficiary form -- sole or joint tenancy ownership
Status: in_force

72-6-302 . Registration in beneficiary form -- sole or joint tenancy ownership. Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form and not as tenants in common.
Mont. Code Ann. § 72-2-536 — MT Code / Title 72 / Chapter 2 / Part 5 / Section 72-2-536
72-2-536 Duty of custodian of will -- liability
Status: in_force

72-2-536 . Duty of custodian of will -- liability. After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and, if none is known, to an appropriate court. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure. A person who willfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
Mont. Code Ann. § 72-34-443 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-443
72-34-443 Receipts from mineral interests and other natural resources -- allocation
Status: in_force

72-34-443 . Receipts from mineral interests and other natural resources -- allocation. (1) To the extent that a trustee accounts for receipts from an interest in minerals or other natural resources pursuant to this section, the trustee shall allocate them as follows:

(a) if received as a nominal bonus, nominal delay rental, or nominal annual rent on a lease, a receipt must be allocated to income;

(b) if received from a production payment, a receipt must be allocated to income if and to the extent that the agreement creating the production payment provides a factor for interest or its equivalent. The balance must be allocated to principal.

(c) if an amount received as a royalty, shut-in-well payment, take-or-pay payment, bonus, or delay rental is more than nominal, 15% must be allocated to principal and the balance to income; and

(d) if an amount is received from a working interest or any other interest in mineral or other natural resources not described in subsection (1)(a), (1)(b), or (1)(c), 15% of the net amount received must be allocated to principal and the balance to income.

(2) An amount received on account of an interest in water that is renewable must be allocated to income. If the water is not renewable, 15% of the amount must be allocated to principal and the balance to income.

(3) This part applies whether or not a decedent or donor was extracting minerals, water, or other natural resources before the interest became subject to the trust.
Mont. Code Ann. § 72-31-403 — MT Code / Title 72 / Chapter 31 / Part 4 / Section 72-31-403
72-31-403 User direction for disclosure of digital assets
Status: in_force

72-31-403 . User direction for disclosure of digital assets. (1) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.

(2) If a user has not used an online tool to give direction under subsection (1) or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.

(3) A user's direction under subsection (1) or (2) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
Mont. Code Ann. § 72-31-407 — MT Code / Title 72 / Chapter 31 / Part 4 / Section 72-31-407
72-31-407 Disclosure of other digital assets of deceased user
Status: in_force

72-31-407 . Disclosure of other digital assets of deceased user. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:

(1) a written request for disclosure in physical or electronic form;

(2) a certified copy of the death certificate of the user;

(3) a certified copy of the letter of appointment of the representative or a collection of personal property affidavit or court order; and

(4) if requested by the custodian:

(a) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(b) evidence linking the account to the user;

(c) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or

(d) a finding by the court that:

(i) the user had a specific account with the custodian, identifiable by the information specified in subsection (4)(a); or

(ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
Mont. Code Ann. § 72-5-603 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-603
72-5-603 International application
Status: in_force

72-5-603 . International application. A court of this state may treat a foreign country as if it were a state for the purpose of applying 72-5-601 through 72-5-606 , 72-5-611 through 72-5-619 , 72-5-624 , 72-5-625 , 72-5-636 , and 72-5-637 .
Mont. Code Ann. § 72-31-102 — MT Code / Title 72 / Chapter 31 / Part 1 / Section 72-31-102
72-31-102 Investment by fiduciaries in home owners' loan corporation bonds authorized
Status: in_force

72-31-102 . Investment by fiduciaries in home owners' loan corporation bonds authorized. Notwithstanding any other provision of law, it is lawful for any executor, administrator, guardian or conservator, trustee, or other fiduciary to invest the funds or money in the person's custody or possession, eligible for investment, in bonds of the home owners' loan corporation or debentures issued by the federal housing administrator, guaranteed as to principal and interest by the United States government.
Mont. Code Ann. § 72-6-203 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-203
72-6-203 Types of account -- existing accounts
Status: in_force

72-6-203 . Types of account -- existing accounts. (1) An account may be for a single party or multiple parties. A multiple-party account may be with or without a right of survivorship between the parties. Subject to 72-6-212 (3), either a single-party account or a multiple-party account may have a POD designation, an agency designation, or both.

(2) An account established before, on, or after October 1, 1993, whether in the form prescribed in 72-6-204 or in any other form, is either a single-party account or a multiple-party account, with or without right of survivorship and with or without a POD designation or an agency designation, within the meaning of this part, and is governed by this part.
Mont. Code Ann. § 72-5-629 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-629
72-5-629 Registration of guardianship orders
Status: in_force

72-5-629 . Registration of guardianship orders. If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
Mont. Code Ann. § 72-16-607 — MT Code / Title 72 / Chapter 16 / Part 6 / Section 72-16-607
72-16-607 Allowance for exemptions, deductions, and credits
Status: in_force

72-16-607 . Allowance for exemptions, deductions, and credits. (1) In making an apportionment, allowances must be made for any exemptions granted, for any classification made of persons interested in the estate, and for any deductions and credits allowed by the law imposing the tax.

(2) Any exemption or deduction allowed by reason of the relationship of any person to the decedent or by reason of the purposes of the gift inures to the benefit of the person bearing the relationship or receiving the gift, but if an interest is subject to a prior present interest that is not allowable as a deduction, the tax apportionable against the present interest must be paid from principal.

(3) Any deduction for property previously taxed and any credit for gift taxes or death taxes of a foreign country paid by the decedent or the decedent's estate inures to the proportionate benefit of all persons liable to apportionment.

(4) Any credit for inheritance, succession, or estate taxes or taxes of that nature applicable to property or interests includable in the estate inures to the benefit of the persons or interests chargeable with the payment to the extent proportionately that the credit reduces the tax.

(5) To the extent that property passing to or in trust for a surviving spouse or any charitable, public, or similar gift or devise is not an allowable deduction for purposes of the tax solely by reason of an inheritance tax or other death tax imposed upon and deductible from the property, the property is not included in the computation provided for in 72-16-603 and to that extent no apportionment is made against the property. The sentence immediately preceding does not apply to any case if the result would be to deprive the estate of a deduction otherwise allowable under section 2053(d) of the Internal Revenue Code, 26 U.S.C. 2053(d), as amended, relating to deduction for state death taxes on transfers for public, charitable, or religious uses.
Mont. Code Ann. § 72-3-315 — MT Code / Title 72 / Chapter 3 / Part 3 / Section 72-3-315
72-3-315 Order of partial intestacy
Status: in_force

72-3-315 . Order of partial intestacy. If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect.
Mont. Code Ann. § 72-26-605 — MT Code / Title 72 / Chapter 26 / Part 6 / Section 72-26-605
72-26-605 Transfer authorized by will or trust
Status: in_force

72-26-605 . Transfer authorized by will or trust. (1) A personal representative or trustee may make an irrevocable transfer pursuant to 72-26-603 to a custodian for the benefit of a minor as authorized in the governing will or trust.

(2) If the testator or settlor has nominated a custodian under 72-26-601 to receive the custodial property, the transfer must be made to that person.

(3) If the testator or settlor has not nominated a custodian under 72-26-601 or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under 72-26-603 (1).
Mont. Code Ann. § 72-15-204 — MT Code / Title 72 / Chapter 15 / Part 2 / Section 72-15-204
72-15-204 Duty to keep register
Status: in_force

72-15-204 . Duty to keep register. It is the duty of the public administrator to keep a book to be labeled "Register of Public Administrator" in which the public administrator shall enter:

(1) the name of every deceased person on whose estate the public administrator administers;

(2) the date of granting letters;

(3) money received;

(4) the property and its value;

(5) proceeds of all sales of property;

(6) the amount of the public administrator's fees;

(7) the expenses of administration;

(8) the amount of the estate after all charges and expenses have been paid;

(9) the disposition of the property on distribution;

(10) the date of discharge of administrator; and

(11) other matters that may be necessary to give a full and complete history of each estate administered by the public administrator.
Mont. Code Ann. § 72-38-409 — MT Code / Title 72 / Chapter 38 / Part 4 / Section 72-38-409
72-38-409 Noncharitable trust without ascertainable beneficiary
Status: in_force

72-38-409 . Noncharitable trust without ascertainable beneficiary. Except as otherwise provided in 72-38-408 or by another statute, the following rules apply:

(1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than 21 years.

(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court.

(3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, and otherwise to the settlor's successors in interest.
Mont. Code Ann. § 72-31-301 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-301
72-31-301 Short title
Status: in_force

72-31-301 . Short title. This part may be cited as the "Uniform Power of Attorney Act".
Mont. Code Ann. § 72-2-901 — MT Code / Title 72 / Chapter 2 / Part 9 / Section 72-2-901
72-2-901 Definitions
Status: in_force

72-2-901 . Definitions. In this part, the following definitions apply:

(1) "Authorized person" and "person authorized to act in connection with international wills" means a person who by 72-2-908 or by the laws of the United States, including members of the diplomatic and consular service of the United States designated by the foreign service regulations, is empowered to supervise the execution of international wills.

(2) "International will" means a will executed in conformity with 72-2-902 through 72-2-905 .
Mont. Code Ann. § 72-5-423 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-423
72-5-423 Fiduciary duty of conservator
Status: in_force

72-5-423 . Fiduciary duty of conservator. In the exercise of a conservator's powers, a conservator is to act as a fiduciary and shall observe the standards of care applicable to trustees.
Mont. Code Ann. § 72-2-236 — MT Code / Title 72 / Chapter 2 / Part 2 / Section 72-2-236
72-2-236 Decedent's nonprobate transfers to surviving spouse
Status: in_force

72-2-236 . Decedent's nonprobate transfers to surviving spouse. Excluding property passing to the surviving spouse under the federal social security system, the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consist of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including:

(1) the decedent's fractional interest in property held as a joint tenant with the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as surviving joint tenant;

(2) the decedent's ownership interest in property or accounts held in co-ownership registration with the right of survivorship, to the extent the decedent's ownership interest passed to the surviving spouse as surviving co-owner; and

(3) all other property that would have been included in the augmented estate under 72-2-235 (1) or (2) had it passed to or for the benefit of a person other than the decedent's spouse, surviving spouse, the decedent, or the decedent's creditors, estate, or estate creditors.
Mont. Code Ann. § 72-31-408 — MT Code / Title 72 / Chapter 31 / Part 4 / Section 72-31-408
72-31-408 Disclosure of content of electronic communications of principal
Status: in_force

72-31-408 . Disclosure of content of electronic communications of principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:

(1) a written request for disclosure in physical or electronic form;

(2) an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;

(3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

(4) if requested by the custodian:

(a) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or

(b) evidence linking the account to the principal.
Mont. Code Ann. § 72-6-211 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-211
72-6-211 Ownership during lifetime
Status: in_force

72-6-211 . Ownership during lifetime. (1) In this section, "net contribution" of a party means the sum of all deposits to an account made by or for the party, less all payments from the account made to or for the party that have not been paid to or applied to the use of another party and a proportionate share of any charges deducted from the account, plus a proportionate share of any interest or dividends earned, whether or not included in the current balance. The term includes deposit life insurance proceeds added to the account by reason of death of the party whose net contribution is in question.

(2) During the lifetime of all parties, an account belongs to the parties in proportion to the net contribution of each to the sums on deposit unless there is clear and convincing evidence of a different intent. As between parties married to each other, in the absence of proof otherwise, the net contribution of each is presumed to be an equal amount.

(3) A beneficiary in an account having a POD designation has no right to sums on deposit during the lifetime of any party.

(4) An agent in an account with an agency designation has no beneficial right to sums on deposit.
Mont. Code Ann. § 72-2-527 — MT Code / Title 72 / Chapter 2 / Part 5 / Section 72-2-527
72-2-527 Revocation by writing or act
Status: in_force

72-2-527 . Revocation by writing or act. (1) A will or any part of a will is revoked:

(a) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or

(b) by performing a revocatory act on the will if the testator performed the act with the intent and for the purpose of revoking the will or part of the will or if another individual performed the act in the testator's conscious presence and by the testator's direction. For purposes of this subsection (b), "revocatory act on the will" includes burning, tearing, canceling, obliterating, or destroying the will or any part of it. A burning, tearing, or canceling is a revocatory act on the will, whether or not the burn, tear, or cancellation touched any of the words on the will.

(2) If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.

(3) The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked and only the subsequent will is operative on the testator's death.

(4) The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will and each will is fully operative on the testator's death to the extent they are not inconsistent.
Mont. Code Ann. § 72-34-448 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-448
72-34-448 Disbursements from income
Status: in_force

72-34-448 . Disbursements from income. A trustee shall make the following disbursements from income to the extent that they are not disbursements to which 72-34-428 (3)(b) or (3)(c) applies:

(1) except as otherwise ordered by the court, one-half of the regular compensation of the trustee and of any person providing investment advisory or custodial services to the trustee;

(2) except as otherwise ordered by the court, one-half of all expenses for accountings, judicial proceedings, or other matters that involve both the income and remainder interests;

(3) all of the other ordinary expenses incurred in connection with the administration, management, or preservation of trust property and the distribution of income, including interest, ordinary repairs, regularly recurring taxes assessed against principal, and expenses of a proceeding or other matter that concerns primarily the income interest; and

(4) all recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset.
Mont. Code Ann. § 72-3-204 — MT Code / Title 72 / Chapter 3 / Part 2 / Section 72-3-204
72-3-204 Appointment in intestacy -- additional information required
Status: in_force

72-3-204 . Appointment in intestacy -- additional information required. An application for informal appointment of an administrator in intestacy must state in addition to the statements required by 72-3-202 :

(1) that after the exercise of reasonable diligence, the applicant is unaware of any unrevoked testamentary instrument relating to property having a situs in this state under 72-1-201 or a statement why any instrument of which the applicant may be aware is not being probated;

(2) the priority of the person whose appointment is sought and the names of any other persons having a prior or equal right to the appointment under 72-3-501 through 72-3-508 .
Mont. Code Ann. § 72-15-213 — MT Code / Title 72 / Chapter 15 / Part 2 / Section 72-15-213
72-15-213 Wrongful failure of public administrator to deposit money -- action on bond
Status: in_force

72-15-213 . Wrongful failure of public administrator to deposit money -- action on bond. When it appears from the returns made in pursuance of this part that any money remains in the hands of the public administrator after final settlement of the estate unclaimed that should be paid over to the county treasurer, the court or judge shall order the money paid over to the county treasurer. On the failure of the public administrator to comply with the order within 10 days after the order is made, the county attorney shall immediately institute the requisite proceedings against the public administrator for a judgment against the public administrator and the sureties on the public administrator's official bond in the amount of the money withheld and costs.
Mont. Code Ann. § 72-5-110 — MT Code / Title 72 / Chapter 5 / Part 1 / Section 72-5-110
72-5-110 Vaccination status prohibited as evidence or grounds for decision
Status: in_force

72-5-110 . Vaccination status prohibited as evidence or grounds for decision. In considering and deciding a petition for guardianship of a minor pursuant to part 2 or of an incapacitated adult pursuant to part 3, a court may not:

(1) admit into evidence the vaccination status of a person seeking appointment as a guardian; or

(2) consider a person's vaccination status when making an order on the petition.
Mont. Code Ann. § 72-38-207 — MT Code / Title 72 / Chapter 38 / Part 2 / Section 72-38-207
72-38-207 Jury trial
Status: in_force

72-38-207 . Jury trial. There is no right to a jury trial in proceedings under this chapter concerning the internal affairs of trusts.
Mont. Code Ann. § 72-6-401 — MT Code / Title 72 / Chapter 6 / Part 4 / Section 72-6-401
72-6-401 Short title
Status: in_force

72-6-401 . Short title. This part may be cited as the "Uniform Real Property Transfer on Death Act".
Mont. Code Ann. § 72-2-908 — MT Code / Title 72 / Chapter 2 / Part 9 / Section 72-2-908
72-2-908 Persons authorized to act in relation to international will -- eligibility -- recognition by authorizing agency
Status: in_force

72-2-908 . Persons authorized to act in relation to international will -- eligibility -- recognition by authorizing agency. Individuals who have been admitted to practice law before the courts of this state and are currently licensed are authorized persons in relation to international wills.
Mont. Code Ann. § 72-6-225 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-225
72-6-225 Payment to minor
Status: in_force

72-6-225 . Payment to minor. If a financial institution is required or permitted to make payment pursuant to this part to a minor designated as a beneficiary, payment may be made pursuant to the Montana Uniform Transfers to Minors Act, Title 72, chapter 26.
Mont. Code Ann. § 72-26-604 — MT Code / Title 72 / Chapter 26 / Part 6 / Section 72-26-604
72-26-604 Transfer by gift or exercise of power of appointment
Status: in_force

72-26-604 . Transfer by gift or exercise of power of appointment. A person may make a transfer by irrevocable gift to or the irrevocable exercise of a power of appointment in favor of a custodian for the benefit of a minor pursuant to 72-26-603 .
Mont. Code Ann. § 72-5-201 — MT Code / Title 72 / Chapter 5 / Part 2 / Section 72-5-201
72-5-201 Status of guardian of minor -- how acquired generally -- letters to indicate means of appointment
Status: in_force

72-5-201 . Status of guardian of minor -- how acquired generally -- letters to indicate means of appointment. (1) A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court.

(2) Letters of guardianship must indicate whether the guardian was appointed by will or by court order.

(3) The guardianship status continues until terminated, without regard to the location from time to time of the guardian and minor ward.
Mont. Code Ann. § 72-38-101 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-101
72-38-101 Short title
Status: in_force

72-38-101 . Short title. This chapter may be cited as the Montana Uniform Trust Code.
Mont. Code Ann. § 72-5-427 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-427
72-5-427 Powers of conservator in administration
Status: in_force

72-5-427 . Powers of conservator in administration. (1) A conservator has all of the powers conferred in this section and any additional powers conferred by law on trustees in this state. In addition, a conservator of the estate of an unmarried minor under 18 years of age, as to whom no one has parental rights, has the duties and powers of a guardian of a minor described in 72-5-231 until the minor attains 18 years of age or marries, but the parental rights so conferred on a conservator do not preclude appointment of a guardian as provided by Title 72, chapter 5, part 2.

(2) A conservator has power, without court authorization or confirmation, to invest and reinvest funds of the estate as would a trustee.

(3) A conservator, acting reasonably in efforts to accomplish the purpose for which the conservator was appointed, may act without court authorization or confirmation to:

(a) collect, hold, and retain assets of the estate, including land in another state, until in the conservator's judgment disposition of the assets should be made, and the assets may be retained even though they include an asset in which the conservator is personally interested;

(b) receive additions to the estate;

(c) continue or participate in the operation of any business or other enterprise;

(d) acquire an undivided interest in an estate asset in which the conservator in any fiduciary capacity holds an undivided interest;

(e) invest and reinvest estate assets in accordance with subsection (2);

(f) deposit estate funds in a bank, including a bank operated by the conservator;

(g) acquire or dispose of an estate asset, including land in another state, for cash or on credit at public or private sale and manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset;

(h) make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, raze existing or erect new party walls or buildings;

(i) subdivide, develop, or dedicate land to public use; make or obtain the vacation of plats and adjust boundaries, adjust differences in valuation on exchange or partition by giving or receiving considerations, and dedicate easements to public use without consideration;

(j) enter for any purpose into a lease as lessor or lessee, with or without option to purchase or renew, for a term within or extending beyond the term of the conservatorship;

(k) enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement;

(l) grant an option involving disposition of an estate asset or take an option for the acquisition of any asset;

(m) vote a security in person or by general or limited proxy;

(n) pay calls, assessments, and any other sums chargeable or accruing against or on account of securities;

(o) sell or exercise stock subscription or conversion rights or consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise;

(p) hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to the security may pass by delivery, but the conservator is liable for any act of the nominee in connection with the stock so held;

(q) insure the assets of the estate against damage or loss and the conservator against liability with respect to third persons;

(r) borrow money to be repaid from estate assets or otherwise or advance money for the protection of the estate or the protected person and for all expenses, losses, and liability sustained in the administration of the estate or because of the holding or ownership of any estate assets, and the conservator has a lien on the estate as against the protected person for advances made;

(s) pay or contest any claim or settle a claim by or against the estate or the protected person by compromise, arbitration, or otherwise and release, in whole or in part, any claim belonging to the estate to the extent that the claim is uncollectible;

(t) pay taxes, assessments, compensation of the conservator, and other expenses incurred in the collection, care, administration, and protection of the estate;

(u) allocate items of income or expense to either estate income or principal, as provided by law, including creation of reserves out of income for depreciation, obsolescence, or amortization or for depletion in mineral or timber properties;

(v) pay any sum distributable to a protected person or a dependent of the person who is a minor or incompetent, without liability to the conservator, by paying the sum to the distributee or by paying the sum for the use of the distributee either to the person's guardian or, if none, to a relative or other person with custody of the person;

(w) employ persons, including attorneys, auditors, investment advisors, or agents, even though they are associated with the conservator, to advise or assist the conservator in the performance of administrative duties, act upon their recommendation without independent investigation, and instead of acting personally, employ one or more agents to perform any act of administration, whether or not discretionary;

(x) prosecute or defend actions, claims, or proceedings in any jurisdiction for the protection of estate assets and of the conservator in the performance of the conservator's duties; and

(y) execute and deliver all instruments that will accomplish or facilitate the exercise of the powers vested in the conservator.
Mont. Code Ann. § 72-3-821 — MT Code / Title 72 / Chapter 3 / Part 8 / Section 72-3-821
72-3-821 Administration in more than one state -- payment of claims
Status: in_force

72-3-821 . Administration in more than one state -- payment of claims. (1) All assets of estates being administered in this state are subject to all claims, allowances, and charges existing or established against the personal representative wherever appointed.

(2) If the estate either in this state or as a whole is insufficient to cover all family exemptions and allowances determined by the law of the decedent's domicile, prior charges and claims, after satisfaction of the exemptions, allowances, and charges, each claimant whose claim has been allowed either in this state or elsewhere in administrations of which the personal representative is aware is entitled to receive payment of an equal proportion of the claim. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this state, the creditor benefited is to receive dividends from local assets only upon the balance of the creditor's claim after deducting the amount of the benefit.

(3) In case the family exemptions and allowances, prior charges, and claims of the entire estate exceed the total value of the portions of the estate being administered separately and this state is not the state of the decedent's last domicile, the claims allowed in this state must be paid their proportion if local assets are adequate for the purpose, and the balance of local assets must be transferred to the domiciliary personal representative. If local assets are not sufficient to pay all claims allowed in this state the amount to which they are entitled, local assets must be marshalled so that each claim allowed in this state is paid its proportion as far as possible, after taking into account all dividends on claims allowed in this state from assets in other jurisdictions.
Mont. Code Ann. § 72-7-502 — MT Code / Title 72 / Chapter 7 / Part 5 / Section 72-7-502
72-7-502 Creditor claim -- general power not created by powerholder
Status: in_force

72-7-502 . Creditor claim -- general power not created by powerholder. (1) Property subject to a general or nongeneral power of appointment created by a person other than the powerholder, including a presently exercisable general or nongeneral power of appointment, is exempt from a claim by a creditor of the powerholder or the powerholder's estate. The powerholder of such a power may not be compelled to exercise the power, and the powerholder's creditors may not acquire the power or any rights to the power or reach the trust property or beneficial interests by any other means. A court may not exercise or require the powerholder to exercise the power of appointment.

(2) Subject to 72-7-504 (3), a power of appointment created by a person other than the powerholder that is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance within the meaning of 26 U.S.C. Section 2041(b)(1)(A) or 26 U.S.C. Section 2514(c)(1), on October 1, 2015, is treated for purposes of this act as a nongeneral power.
Mont. Code Ann. § 72-6-221 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-221
72-6-221 Authority of financial institution
Status: in_force

72-6-221 . Authority of financial institution. A financial institution may enter into a contract of deposit for a multiple-party account to the same extent it may enter into a contract of deposit for a single-party account and may provide for a POD designation and an agency designation in either a single-party account or a multiple-party account. A financial institution need not inquire as to the source of a deposit to an account or as to the proposed application of a payment from an account.
Mont. Code Ann. § 72-5-409 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-409
72-5-409 Cause for appointment of conservator or issuance of protective order
Status: in_force

72-5-409 . Cause for appointment of conservator or issuance of protective order. Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a conservator or make another protective order for cause as follows:

(1) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns money or property that requires management or protection that cannot otherwise be provided, that a minor has or may have business affairs that may be jeopardized or prevented by the person's minority, or that funds are needed for the person's support and education and that protection is necessary or desirable to obtain or provide funds.

(2) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that:

(a) the person is unable to manage the person's property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance; and

(b) the person has property that will be wasted or dissipated unless proper management is provided or that funds are needed for the support, care, and welfare of the person or those entitled to be supported by the person and that protection is necessary or desirable to obtain or provide funds.
Mont. Code Ann. § 72-5-412 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-412
72-5-412 Terms and requirements of bond
Status: in_force

72-5-412 . Terms and requirements of bond. (1) The following requirements and provisions apply to any bond required under 72-5-411 :

(a) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other.

(b) By executing an approved bond of a conservator, the surety consents to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety as a party defendant. Notice of any proceeding must be delivered to the surety or mailed to the surety by certified mail at the surety's address as listed with the court where the bond is filed and to the surety's address as then known to the petitioner.

(c) On petition of a successor conservator or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the conservator.

(d) The bond of the conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.

(2) A proceeding may not be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
Mont. Code Ann. § 72-38-122 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-122
72-38-122 Purchase money resulting trust
Status: in_force

72-38-122 . Purchase money resulting trust. (1) When a transfer of property is made to one person and the purchase price is paid by another, a resulting trust arises in favor of the person who paid the purchase price.

(2) Subsection (1) does not apply in any of the following circumstances:

(a) whenever the party paying the purchase price manifests an intention that no resulting trust should arise;

(b) whenever the transferee is a spouse, child, or other natural object of the bounty of the person who paid the purchase price; or

(c) whenever the transfer is made in order to accomplish an illegal purpose and the policy against unjust enrichment of the transferee is outweighed by the policy against giving relief to a person who has entered into an illegal transaction.

(3) Subsection (2)(b) does not apply if the party paying the purchase price manifested an intention that the transferee should not have the beneficial interest in the property.
Mont. Code Ann. § 72-5-449 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-449
72-5-449 No duty to propose action
Status: in_force

72-5-449 . No duty to propose action. Nothing in 72-5-444 through 72-5-450 imposes any duty on the conservator to propose any action under 72-5-444 through 72-5-450 , and the conservator is not liable for failure to propose any action under 72-5-444 through 72-5-450 .
Mont. Code Ann. § 72-5-446 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-446
72-5-446 Consent or lack of capacity of protected person -- adequate provision for protected person and dependents
Status: in_force

72-5-446 . Consent or lack of capacity of protected person -- adequate provision for protected person and dependents. The court may make an order authorizing or requiring the proposed action under 72-5-444 through 72-5-450 only if the court determines all of the following:

(1) the protected person either:

(a) is not opposed to the proposed action; or

(b) if opposed to the proposed action, lacks legal capacity for the proposed action; and

(2) either the proposed action will have no adverse effect on the estate or the estate remaining after the proposed action is taken will be adequate to provide for the needs of the protected person and for the support of those legally entitled to support, maintenance, and education from the protected person, taking into account the age, physical condition, standards of living, and all other relevant circumstances of the protected person and of those legally entitled to support, maintenance, and education from the protected person.
Mont. Code Ann. § 72-34-434 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-434
72-34-434 Allocation of amounts received from specified trusts or estates
Status: in_force

72-34-434 . Allocation of amounts received from specified trusts or estates. A trustee shall allocate to income an amount received as a distribution of income from a trust or a decedent's estate, other than an interest in an investment entity, in which the trust has an interest other than a purchased interest, and shall allocate to principal an amount received as a distribution of principal from the trust or estate.
Mont. Code Ann. § 72-9-115 — MT Code / Title 72 / Chapter 9 / Part 1 / Section 72-9-115
72-9-115 Acts of married persons
Status: in_force

72-9-115 . Acts of married persons. This part does not prevent married persons from severing or altering their interests in property to which this part applies.
Mont. Code Ann. § 72-5-102 — MT Code / Title 72 / Chapter 5 / Part 1 / Section 72-5-102
72-5-102 Consolidation of proceedings
Status: in_force

72-5-102 . Consolidation of proceedings. When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
Mont. Code Ann. § 72-3-123 — MT Code / Title 72 / Chapter 3 / Part 1 / Section 72-3-123
72-3-123 Statutes of limitation on decedent's cause of action -- applicability
Status: in_force

72-3-123 . Statutes of limitation on decedent's cause of action -- applicability. A statute of limitation running on a cause of action belonging to a decedent, which had not been barred as of the date of the decedent's death, may not apply to bar a cause of action surviving the decedent's death sooner than 4 months after death. A cause of action that, but for this section, would have been barred less than 4 months after death is barred after 4 months unless tolled.