Mont. Code Ann. § 72-30-207 — MT Code / Title 72 / Chapter 30 / Part 2 / Section 72-30-207
72-30-207 Release or modification of restrictions on management, investment, or purpose
Status: in_force

72-30-207 . Release or modification of restrictions on management, investment, or purpose. (1) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument or instrument of donor intent on the management, investment, or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.

(2) The court, upon application of an institution, may modify a restriction contained in a gift instrument or instrument of donor intent regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall notify the attorney general of the application, and the attorney general must be given an opportunity to be heard. To the extent practicable, any modification must be made in accordance with the donor's probable intention.

(3) If a particular charitable purpose or a restriction contained in a gift instrument or instrument of donor intent on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument or instrument of donor intent. The institution shall notify the attorney general of the application, and the attorney general must be given an opportunity to be heard.

(4) If an institution determines that a restriction contained in a gift instrument or instrument of donor intent on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, 60 days after notification to the attorney general, may release or modify the restriction, in whole or part, if the institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument or instrument of donor intent and:

(a) the institutional fund subject to the restriction has a total value of less than $25,000; or

(b) more than 12 years have elapsed since the fund was established.
Mont. Code Ann. § 72-40-103 — MT Code / Title 72 / Chapter 40 / Part 1 / Section 72-40-103
72-40-103 Application -- principal place of administration
Status: in_force

72-40-103 . Application -- principal place of administration. (1) This part applies to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules:

(a) if the trust was created before October 1, 2021, this part applies only to a decision or action occurring on or after October 1, 2021; and

(b) if the principal place of administration of the trust is changed to this state on or after October 1, 2021, this part applies only to a decision or action occurring on or after the date of the change.

(2) Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, terms of the trust that designate the principal place of administration of the trust are valid and controlling if:

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

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

(c) all or part of the administration occurs in the designated jurisdiction.
Mont. Code Ann. § 72-2-823 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-823
72-2-823 Disclaimer of rights of survivorship in jointly held property
Status: in_force

72-2-823 . Disclaimer of rights of survivorship in jointly held property. (1) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of:

(a) a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or

(b) all of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.

(2) A disclaimer under subsection (1) takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.

(3) An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.
Mont. Code Ann. § 72-16-1006 — MT Code / Title 72 / Chapter 16 / Part 10 / Section 72-16-1006
72-16-1006 Duty to claim maximum credit
Status: in_force

72-16-1006 . Duty to claim maximum credit. A person liable for payment of the tax imposed under 72-16-1002 shall claim the maximum federal credit allowable for the portion of the state generation-skipping transfer tax paid with respect to property included in a taxable generation-skipping transfer. A person claiming less than the maximum federal credit allowable is liable for the full amount of the tax imposed under 72-16-1002 .
Mont. Code Ann. § 72-39-201 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-201
72-39-201 Fiduciary duty
Status: in_force

72-39-201 . Fiduciary duty. (1) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust.

(2) This chapter does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this chapter.

(3) Except as otherwise provided in a first-trust instrument, for purposes of this chapter and 72-38-801 and 72-38-802 (1), the terms of the first trust are deemed to include the decanting power.
Mont. Code Ann. § 72-2-112 — MT Code / Title 72 / Chapter 2 / Part 1 / Section 72-2-112
72-2-112 Share of spouse
Status: in_force

72-2-112 . Share of spouse. The intestate share of a decedent's surviving spouse is:

(1) the entire intestate estate if:

(a) no descendant or parent of the decedent survives the decedent; or

(b) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;

(2) the first $300,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent but a parent of the decedent survives the decedent;

(3) the first $225,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent;

(4) the first $150,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.
Mont. Code Ann. § 72-34-439 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-439
72-34-439 Life insurance policy proceeds -- proceeds of contracts insuring against certain losses -- allocation
Status: in_force

72-34-439 . Life insurance policy proceeds -- proceeds of contracts insuring against certain losses -- allocation. (1) Except as otherwise provided in subsection (2), a trustee shall allocate to principal the proceeds of a life insurance policy or other contract in which the trust or its trustee is named as beneficiary, including a contract that insures the trust or its trustee against loss for damage to, destruction of, or loss of title to a trust asset. The trustee shall allocate dividends on an insurance policy to income if the premiums on the policy are paid from income and to principal if the premiums are paid from principal.

(2) A trustee shall allocate to income proceeds of a contract that insures the trustee against loss of occupancy or other use by an income beneficiary, loss of income, or, subject to 72-34-435 , loss of profits from a business.

(3) This section does not apply to a contract to which 72-34-441 applies.
Mont. Code Ann. § 72-5-403 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-403
72-5-403 Notice -- waiver
Status: in_force

72-5-403 . Notice -- waiver. (1) On a petition for appointment of a conservator or other protective order, the person to be protected and the person's spouse or, if none, the person's parents must be served personally with notice of the proceeding at least 14 days before the date of hearing if they can be found within the state, or if they cannot be found within the state, they must be given notice in accordance with 72-1-301 . Waiver by the person to be protected is not effective unless the person attends the hearing or, unless minority is the reason for the proceeding, waiver is confirmed in an interview with the visitor.

(2) Notice of a petition for appointment of a conservator or other initial protective order and of any subsequent hearing must be given to any person who has filed a request for notice under 72-5-404 and to interested persons and other persons as the court may direct. Except as otherwise provided in subsection (1), notice must be given in accordance with 72-1-301 .
Mont. Code Ann. § 72-5-221 — MT Code / Title 72 / Chapter 5 / Part 2 / Section 72-5-221
72-5-221 Venue for proceedings for court appointment of guardian of minor
Status: in_force

72-5-221 . Venue for proceedings for court appointment of guardian of minor. The venue for guardianship proceedings for a minor is in the place where the minor resides or is present.
Mont. Code Ann. § 72-38-219 — MT Code / Title 72 / Chapter 38 / Part 2 / Section 72-38-219
72-38-219 Appeal
Status: in_force

72-38-219 . Appeal. An appeal may be taken from the grant or denial of any final order made under this chapter except the following:

(1) compelling the trustee to provide information or submit a report to a qualified beneficiary pursuant to 72-38-213 (2)(g);

(2) accepting the resignation of a trustee pursuant to 72-38-213 (2)(k); or

(3) approving removal of a testamentary trust from continuing court jurisdiction pursuant to 72-38-213 (2)(r).
Mont. Code Ann. § 72-3-812 — MT Code / Title 72 / Chapter 3 / Part 8 / Section 72-3-812
72-3-812 Encumbered assets
Status: in_force

72-3-812 . Encumbered assets. (1) If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the personal representative may pay the encumbrance or any part of the encumbrance, renew or extend any obligation secured by the encumbrance, or convey or transfer the assets to the creditor in satisfaction of the lien, in whole or in part, whether or not the holder of the encumbrance has filed a claim, if it appears to be for the best interest of the estate.

(2) Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration.
Mont. Code Ann. § 72-2-815 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-815
72-2-815 Reformation to correct mistakes
Status: in_force

72-2-815 . Reformation to correct mistakes. The court may reform the terms of a governing instrument, even if unambiguous, to conform the terms to the transferor's intention if it is proved by clear and convincing evidence what the transferor's intention was and that the terms of the governing instrument were affected by a mistake of fact or law, whether in expression or inducement.
Mont. Code Ann. § 72-39-223 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-223
72-39-223 Obligations
Status: in_force

72-39-223 . Obligations. A debt, liability, or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decanting power.
Mont. Code Ann. § 72-5-619 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-619
72-5-619 Proceedings in more than one state
Status: in_force

72-5-619 . Proceedings in more than one state. Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under 72-5-614 (1)(a) or (1)(b), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:

(1) If the court in this state has jurisdiction under 72-5-613 , it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to 72-5-613 before the appointment or issuance of the order.

(2) If the court in this state does not have jurisdiction under 72-5-613 , whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
Mont. Code Ann. § 72-7-305 — MT Code / Title 72 / Chapter 7 / Part 3 / Section 72-7-305
72-7-305 Permissible appointment
Status: in_force

72-7-305 . Permissible appointment. (1) A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property.

(2) A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors.

(3) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the powerholder of a nongeneral power may:

(a) make an appointment in any form, including an appointment in trust, in favor of a permissible appointee;

(b) create a general power in a permissible appointee;

(c) create a nongeneral power in any person to appoint to one or more of the permissible appointees of the original nongeneral power; or

(d) create a nongeneral power in a permissible appointee to appoint to one or more persons if the permissible appointees of the new nongeneral power include the permissible appointees of the original nongeneral power.
Mont. Code Ann. § 72-5-302 — MT Code / Title 72 / Chapter 5 / Part 3 / Section 72-5-302
72-5-302 Testamentary appointment of guardian for incapacitated person -- when effective -- priorities
Status: in_force

72-5-302 . Testamentary appointment of guardian for incapacitated person -- when effective -- priorities. (1) The parent of an unmarried incapacitated person may appoint by will or other writing signed by the parent and attested by at least two witnesses a guardian of the incapacitated person. If both parents are dead or the surviving parent is adjudged incapacitated, a parental appointment becomes effective when, after having given 7 days' prior written notice of intention to do so to the incapacitated person and to the person having care of the person or to the nearest adult relative, the guardian files acceptance of appointment in the court in which the will is informally or formally probated or, in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present. The notice must state that the appointment may be terminated by filing a written objection in the court, as provided by 72-5-304 . If both parents are dead, an effective appointment by the parent who died later has priority.

(2) The spouse of a married incapacitated person may appoint by will or other writing signed by the spouse and attested by at least two witnesses a guardian of the incapacitated person. The appointment becomes effective when, after having given 7 days' prior written notice of intention to do so to the incapacitated person and to the person having care of the incapacitated person or to the nearest adult relative, the guardian files acceptance of appointment in the court in which the will is informally or formally probated or, in the case of nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present. The notice must state that the appointment may be terminated by filing a written objection in the court, as provided by 72-5-304 . An effective appointment by a spouse has priority over an appointment by a parent.
Mont. Code Ann. § 72-6-416 — MT Code / Title 72 / Chapter 6 / Part 4 / Section 72-6-416
72-6-416 Optional form of revocation
Status: in_force

72-6-416 . Optional form of revocation. The following form may be used to create an instrument of revocation under this part. The other sections of this part govern the effect of this or any other instrument used to revoke a transfer on death deed.

(front of form)

REVOCATION OF TRANSFER ON DEATH DEED

NOTICE TO OWNER

This revocation must be recorded before you die or it will not be effective. This revocation is effective only as to the interests in the property of owners who sign this revocation.

IDENTIFYING INFORMATION

Owner or Owners of Property Making This Revocation:

Printed name Mailing address Printed name Mailing address

Legal description of the property:

REVOCATION

I revoke all my previous transfers of this property by transfer on death deed.

SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION

Signature Date Signature Date

ACKNOWLEDGMENT

(insert acknowledgment here)

(back of form)

COMMON QUESTIONS ABOUT THE USE OF THIS FORM

How do I use this form to revoke a Transfer on Death (TOD) deed? Complete this form. Have it acknowledged before a notary public or other individual authorized to take acknowledgments. Record the form in the public records in the office of the county clerk and recorder of each county where the property is located. The form must be acknowledged and recorded before your death or it has no effect.

How do I find the "legal description" of the property? This information may be on the TOD deed. It may also be available in the office of the county clerk and recorder for the county where the property is located. If you are not absolutely sure, consult a lawyer.

How do I "record" the form? Take the completed and acknowledged form to the office of the county clerk and recorder of deeds of the county where the property is located. Follow the instructions given by the county clerk and recorder to make the form part of the official property records. If the property is located in more than one county, you should record the form in each of those counties.

I am being pressured to complete this form. What should I do? Do not complete this form under pressure. Seek help from a trusted family member, friend, or lawyer.

I have other questions about this form. What should I do? This form is designed to fit some but not all situations. If you have other questions, consult a lawyer.
Mont. Code Ann. § 72-34-432 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-432
72-34-432 Undistributed income -- definition -- payment to beneficiary
Status: in_force

72-34-432 . Undistributed income -- definition -- payment to beneficiary. (1) (a) For the purposes of this section, "undistributed income" means net income received before the date on which an income interest ends.

(b) The term does not include an item of income or expense that is due or accrued or net income that has been added or is required to be added to principal by the trust.

(2) Except as provided in subsection (3), on the date when a mandatory income interest ends, the trustee shall pay to a mandatory income beneficiary who survives that date or to the estate of a deceased mandatory income beneficiary whose death causes the interest to end the beneficiary's share of the undistributed income that is not disposed of under the trust.

(3) If immediately before the income interest ends, the beneficiary under subsection (2) has an unqualified power to revoke more than 5% of the trust, the undistributed income from the portion of the trust that may be revoked must be added to principal.

(4) When a trustee's obligation to pay a fixed annuity or a fixed fraction of the value of the trust's assets ends, the trustee shall prorate the final payment.
Mont. Code Ann. § 72-2-239 — MT Code / Title 72 / Chapter 2 / Part 2 / Section 72-2-239
72-2-239 Sources from which elective share payable
Status: in_force

72-2-239 . Sources from which elective share payable. (1) In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent's probate estate and recipients of the decedent's nonprobate transfers to others:

(a) amounts included in the augmented estate under 72-2-234 which pass or have passed to the surviving spouse by testate or intestate succession and amounts included in the augmented estate under 72-2-236 ;

(b) amounts included in the augmented estate that would have passed to the spouse but were disclaimed; and

(c) the marital-property portion of amounts included in the augmented estate under 72-2-237 .

(2) The marital-property portion under subsection (1)(c) is computed by multiplying the value of the amounts included in the augmented estate under 72-2-237 by the percentage of the augmented estate set forth in the schedule in 72-2-233 (2) appropriate to the length of time the spouse and the decedent were married to each other.

(3) If, after the application of subsection (1), the elective-share amount is not fully satisfied, or the surviving spouse is entitled to a supplemental elective-share amount, amounts included in the decedent's net probate estate, other than assets passing to the surviving spouse by testate or intestate succession, and in the decedent's nonprobate transfers to others under 72-2-235 (1) and (2) are applied first to satisfy the unsatisfied balance of the elective-share amount or the supplemental elective-share amount. The decedent's net probate estate and that portion of the decedent's nonprobate transfers to others are so applied that liability for the unsatisfied balance of the elective-share amount or for the supplemental elective-share amount is apportioned among the recipients of the decedent's net probate estate and of that portion of the decedent's nonprobate transfers to others in proportion to the value of their interests.

(4) If, after the application of subsections (1) and (3), the elective-share or supplemental elective-share amount is not fully satisfied, the remaining portion of the decedent's nonprobate transfers to others is so applied that liability for the unsatisfied balance of the elective-share or supplemental elective-share amount is apportioned among the recipients of the remaining portion of the decedent's nonprobate transfers to others in proportion to the value of their interests therein.

(5) The unsatisfied balance of the elective-share or supplemental elective-share amount as determined under subsection (3) or (4) is treated as a general pecuniary devise for purposes of 72-3-913 .
Mont. Code Ann. § 72-38-604 — MT Code / Title 72 / Chapter 38 / Part 6 / Section 72-38-604
72-38-604 Limitation on action contesting validity of revocable trust -- distribution of trust property
Status: in_force

72-38-604 . Limitation on action contesting validity of revocable trust -- distribution of trust property. (1) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of:

(a) 3 years after the settlor's death; or

(b) 120 days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding.

(2) Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:

(a) the trustee knows of a pending judicial proceeding contesting the validity of the trust; or

(b) a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification.

(3) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.
Mont. Code Ann. § 72-15-101 — MT Code / Title 72 / Chapter 15 / Part 1 / Section 72-15-101
72-15-101 Other provisions to supplement chapter
Status: in_force

72-15-101 . Other provisions to supplement chapter. When no direction is given in this chapter for the government or guidance of a public administrator in the discharge of the administrator's duties or for the administration of an estate in the administrator's hands, the provisions of this title govern.
Mont. Code Ann. § 72-3-617 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-617
72-3-617 Order restraining personal representative
Status: in_force

72-3-617 . Order restraining personal representative. (1) On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, or distribution or exercise of any powers or discharge of any duties of the office or make any other order to secure proper performance of the personal representative's duty if it appears to the court that the personal representative otherwise may take some action that would jeopardize unreasonably the interest of the applicant or of some other interested person. Persons with whom the personal representative may transact business may be made parties.

(2) The matter must be set for hearing within 10 days unless the parties otherwise agree. Notice as the court directs must be given to the personal representative and the personal representative's attorney of record, if any, and to any other parties named defendant in the petition.
Mont. Code Ann. § 72-30-212 — MT Code / Title 72 / Chapter 30 / Part 2 / Section 72-30-212
72-30-212 Application to existing institutional funds
Status: in_force

72-30-212 . Application to existing institutional funds. This chapter applies to institutional funds existing on or established after October 1, 2007. As applied to institutional funds existing on October 1, 2007, this chapter governs only decisions made or actions taken on or after that date.
Mont. Code Ann. § 72-5-314 — MT Code / Title 72 / Chapter 5 / Part 3 / Section 72-5-314
72-5-314 Notices in guardianship proceedings
Status: in_force

72-5-314 . Notices in guardianship proceedings. (1) In a proceeding for the appointment or removal of a guardian of an incapacitated person other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of hearing must be given to each of the following:

(a) the ward or the person alleged to be incapacitated and the ward's or person's spouse, parents, and adult children;

(b) any person who is serving as the ward's or person's guardian or conservator or who has the ward's or person's care and custody; and

(c) in case no other person is notified under subsection (1)(a), at least one of the ward's or person's closest adult relatives, if any can be found.

(2) Notice must be served personally on the alleged incapacitated person and the person's spouse and parents if they can be found within the state. Notice to the spouse and parents, if they cannot be found within the state, and to all other persons except the alleged incapacitated person must be given as provided in 72-1-301 . Waiver of notice by the person alleged to be incapacitated is not effective unless the person attends the hearing or the person's waiver of notice is confirmed in an interview with the visitor. Representation of the alleged incapacitated person by a guardian ad litem is not necessary.
Mont. Code Ann. § 72-15-110 — MT Code / Title 72 / Chapter 15 / Part 1 / Section 72-15-110
72-15-110 Refusal to be examined -- civil contempt
Status: in_force

72-15-110 . Refusal to be examined -- civil contempt. All interrogatories and answers must be reduced to writing and signed by the party examined and filed in the court. If the person cited refuses to appear and submit to the examination or to answer the interrogatories as may be put to the party touching the matter of the complaint, the court or judge may commit the party to the county jail until the party submits to the order of the court or judge.
Mont. Code Ann. § 72-5-225 — MT Code / Title 72 / Chapter 5 / Part 2 / Section 72-5-225
72-5-225 Procedure for court appointment of guardian of minor -- notice -- hearing -- representation by attorney
Status: in_force

72-5-225 . Procedure for court appointment of guardian of minor -- notice -- hearing -- representation by attorney. (1) Notice of the time and place of hearing of a petition for the appointment of a guardian of a minor must be given by the petitioner in the manner prescribed by 72-1-301 to:

(a) the minor, if the minor is 14 years of age or older;

(b) the person who has had the principal care and custody of the minor during the 60 days preceding the date of the petition; and

(c) any living parent of the minor.

(2) Upon hearing, the court shall make the appointment if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of 72-5-222 have been met, and the welfare and best interests of the minor, including the need for continuity of care, will be served by the requested appointment. In other cases, the court may dismiss the proceedings or make any other disposition of the matter that will best serve the interests of the minor.

(3) If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, the court may 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 minor.
Mont. Code Ann. § 72-3-406 — MT Code / Title 72 / Chapter 3 / Part 4 / Section 72-3-406
72-3-406 Closing orders
Status: in_force

72-3-406 . Closing orders. Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices, and contents of orders prescribed for proceedings under 72-3-1001 and 72-3-1002 .
Mont. Code Ann. § 72-5-411 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-411
72-5-411 Bond -- court may require -- amount
Status: in_force

72-5-411 . Bond -- court may require -- amount. (1) The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law with sureties that it specifies.

(2) Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the conservator's control plus 1 year's estimated income minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land that the fiduciary, by express limitation of power, lacks power to sell or convey without court authorization.

(3) The court, in lieu of sureties on a bond, may accept other security for the performance of the bond, including a pledge of securities or a mortgage of land.
Mont. Code Ann. § 72-38-120 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-120
72-38-120 Resulting trust upon failure of trust
Status: in_force

72-38-120 . Resulting trust upon failure of trust. When the owner of property gratuitously transfers it and manifests in the trust instrument an intention that the transferee should hold the property in trust but the trust fails, the transferee holds the trust estate as a resulting trust for the transferor or the transferor's estate unless:

(1) the transferor manifested in the trust instrument an intention that no resulting trust should arise; or

(2) the intended trust fails for illegality 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.
Mont. Code Ann. § 72-38-823 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-823
72-38-823 Exceptions applicable to split-interest trusts
Status: in_force

72-38-823 . Exceptions applicable to split-interest trusts. (1) Subsections (2) and (3) of 72-38-822 do not apply to any trust described in section 4947(b)(3) of the Internal Revenue Code.

(2) Section 72-38-822 does not apply with respect to any of the following:

(a) any amounts payable under the terms of a trust to income beneficiaries unless a deduction was allowed under section 170(f)(2)(B), 2055(e)(2)(B), or 2522(c)(2)(B) of the Internal Revenue Code;

(b) any amounts in trust other than amounts for which a deduction was allowed under section 170, 545(b)(2), 556(b)(2), 642(c), 2055, 2106(a)(2), or 2522 of the Internal Revenue Code if the amounts are segregated, as that term is defined in section 4947(a)(3) of the Internal Revenue Code, from amounts for which no deduction was allowable; or

(c) any amounts irrevocably transferred in trust before May 27, 1969.
Mont. Code Ann. § 72-7-404 — MT Code / Title 72 / Chapter 7 / Part 4 / Section 72-7-404
72-7-404 Revocation or amendment of release
Status: in_force

72-7-404 . Revocation or amendment of release. A powerholder may revoke or amend a release of a power of appointment only to the extent that:

(1) the instrument of release is revocable by the powerholder; or

(2) the powerholder reserves a power of revocation or amendment in the instrument of release.
Mont. Code Ann. § 72-34-427 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-427
72-34-427 Application of part
Status: in_force

72-34-427 . Application of part. This part applies to every trust or decedent's estate existing on or after October 1, 2003, except as otherwise expressly provided in the trust or will or in this part.
Mont. Code Ann. § 72-1-105 — MT Code / Title 72 / Chapter 1 / Part 1 / Section 72-1-105
72-1-105 Construction against implied repeal
Status: repealed

72-1-105 . Construction against implied repeal. This code is a general act intended as a unified coverage of its subject matter, and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.
Mont. Code Ann. § 72-2-524 — MT Code / Title 72 / Chapter 2 / Part 5 / Section 72-2-524
72-2-524 Self-proved will
Status: in_force

72-2-524 . Self-proved will. (1) A will may be simultaneously executed, attested, and made self-proved by acknowledgment by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer's certificate, under official seal, in substantially the following form:

I, .........., the testator, sign my name to this instrument this ...... day of ......, 20..., and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will, that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes expressed in it, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.

..............

Testator

We, .........., .........., the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as the testator's will, that the testator signs it willingly (or willingly directs another to sign for the testator), that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.

.................

Witness

..................

Witness

THE STATE OF .....

COUNTY OF .....

Subscribed, sworn to, and acknowledged before me by .........., the testator, and subscribed and sworn to before me by .......... and .........., witnesses, this ...... day of ......, 20...

(SEAL) (Signed) ................

(Official capacity of officer)

....................

(2) An attested will may be made self-proved at any time after its execution by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which the acknowledgment occurs and evidenced by the officer's certificate, under the official seal, attached or annexed to the will in substantially the following form:

THE STATE OF .....

COUNTY OF .....

We, .........., .........., and .........., the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as the testator's will, that the testator signed willingly (or willingly directed another to sign for the testator), that the testator executed it as the testator's free and voluntary act for the purposes expressed in it, that each of the witnesses, in the presence and hearing of the testator, signed the will as witness, and that to the best of the witness's knowledge the testator was at that time 18 years of age or older, of sound mind, and under no constraint or undue influence.

............. Testator

............. Witness

............. Witness

Subscribed, sworn to, and acknowledged before me by .........., the testator, and subscribed and sworn to before me by .......... and .........., witnesses, this ...... day of ......, 20...

(SEAL) (Signed) ............

(Official capacity of officer)

.....................

(3) A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will if necessary to prove the will's due execution.
Mont. Code Ann. § 72-15-106 — MT Code / Title 72 / Chapter 15 / Part 1 / Section 72-15-106
72-15-106 Civil officers to notify public administrator of property in danger of loss or waste
Status: in_force

72-15-106 . Civil officers to notify public administrator of property in danger of loss or waste. All civil officers must inform the public administrator of all property known to them belonging to a decedent which is liable to loss, injury, or waste and which, by reason thereof, ought to be in the possession of the public administrator.
Mont. Code Ann. § 72-40-119 — MT Code / Title 72 / Chapter 40 / Part 1 / Section 72-40-119
72-40-119 Jurisdiction over trust director
Status: in_force

72-40-119 . Jurisdiction over trust director. (1) By accepting appointment as a trust director of a trust subject to this part, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director.

(2) This section does not preclude other methods of obtaining jurisdiction over a trust director.
Mont. Code Ann. § 72-5-234 — MT Code / Title 72 / Chapter 5 / Part 2 / Section 72-5-234
72-5-234 Procedure for resignation or removal -- petition, notice, and hearing -- representation by attorney
Status: in_force

72-5-234 . Procedure for resignation or removal -- petition, notice, and hearing -- representation by attorney. (1) Any person interested in the welfare of a ward or the ward, if 14 years of age or older, may petition for removal of a guardian on the ground that removal would be in the best interests of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may but need not include a request for appointment of a successor guardian.

(2) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.

(3) If at any time in the proceeding the court determines that the interests of the ward are or may be inadequately represented, it may order the office of state public defender, provided for in 2-15-1029 , to assign counsel under the provisions of the Montana Public Defender Act, Title 47, chapter 1, to represent the minor.
Mont. Code Ann. § 72-7-101 — MT Code / Title 72 / Chapter 7 / Part 1 / Section 72-7-101
72-7-101 Short title
Status: in_force

72-7-101 . Short title. This chapter may be cited as the "Uniform Powers of Appointment Act".
Mont. Code Ann. § 72-3-606 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-606
72-3-606 Possession and protection of estate
Status: in_force

72-3-606 . Possession and protection of estate. (1) Except as otherwise provided by a decedent's will, a personal representative has a right to and shall take possession or control of the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled to the property unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession of the property, that the possession of the property by the personal representative is necessary for purposes of administration.

(2) The personal representative shall pay taxes on and take all steps reasonably necessary for the management, protection, and preservation of the estate in the personal representative's possession. The personal representative may maintain an action to recover possession of property or to determine the title to the property.
Mont. Code Ann. § 72-2-117 — MT Code / Title 72 / Chapter 2 / Part 1 / Section 72-2-117
72-2-117 Kindred of half blood
Status: in_force

72-2-117 . Kindred of half blood. Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
Mont. Code Ann. § 72-30-301 — MT Code / Title 72 / Chapter 30 / Part 3 / Section 72-30-301
72-30-301 Short title -- purpose
Status: in_force

72-30-301 . Short title -- purpose. (1) This part may be cited as the "Safeguarding Endowment Gifts Act".

(2) This part is necessary to provide legal recourse to individual charitable donors when their giving restrictions are not followed by a recipient charitable organization according to an endowment agreement.
Mont. Code Ann. § 72-3-225 — MT Code / Title 72 / Chapter 3 / Part 2 / Section 72-3-225
72-3-225 Duty of clerk to make appointment -- effect
Status: in_force

72-3-225 . Duty of clerk to make appointment -- effect. (1) Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in 72-3-701 , if at least 120 hours have elapsed since the decedent's death, the clerk, after making the findings required by 72-3-222 and 72-3-223 , shall appoint the applicant subject to qualification and acceptance. However, if the decedent was a nonresident, the clerk shall delay the order of appointment until 30 days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant or unless the decedent's will directs that the decedent's estate be subject to the laws of this state.

(2) The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment and the office of personal representative created by the appointment are subject to termination, as provided in 72-3-521 through 72-3-526 , but are not subject to retroactive vacation.
Mont. Code Ann. § 72-38-605 — MT Code / Title 72 / Chapter 38 / Part 6 / Section 72-38-605
72-38-605 Fees and expenses -- by whom paid
Status: in_force

72-38-605 . Fees and expenses -- by whom paid. When the validity of a trust that was revocable at the settlor's death is contested through a judicial proceeding, the attorney fees and costs, as provided in 25-10-201 , incurred in defending the validity of the trust must be paid by the party contesting the validity of the trust if the trust is found valid. If the trust is found invalid, costs as provided in 25-10-201 , but not attorney fees of the objecting party, must be paid by the party who defended the validity of the trust or out of the trust property, as the court directs.
Mont. Code Ann. § 72-30-101 — MT Code / Title 72 / Chapter 30 / Part 1 / Section 72-30-101
72-30-101 Short title
Status: in_force

72-30-101 . Short title. This chapter may be cited as the "Uniform Prudent Management of Institutional Funds Act".
Mont. Code Ann. § 72-5-604 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-604
72-5-604 Communication between courts
Status: in_force

72-5-604 . Communication between courts. (1) A court of this state may communicate with a court in another state concerning a proceeding arising under this part. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (2), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.

(2) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
Mont. Code Ann. § 72-6-414 — MT Code / Title 72 / Chapter 6 / Part 4 / Section 72-6-414
72-6-414 Liability for creditor claims and statutory allowances
Status: in_force

72-6-414 . Liability for creditor claims and statutory allowances. A beneficiary of a transfer on death deed is liable for an allowed claim against the transferor's probate estate and statutory allowances to a surviving spouse and children to the extent provided in 72-6-112 .
Mont. Code Ann. § 72-4-401 — MT Code / Title 72 / Chapter 4 / Part 4 / Section 72-4-401
72-4-401 Ancillary administration -- provisions governing
Status: in_force

72-4-401 . Ancillary administration -- provisions governing. In respect to a nonresident decedent, the provisions of this code govern:

(1) proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal representative and any other order concerning the estate; and

(2) the status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration.
Mont. Code Ann. § 72-7-402 — MT Code / Title 72 / Chapter 7 / Part 4 / Section 72-7-402
72-7-402 Authority to release
Status: in_force

72-7-402 . Authority to release. A powerholder may release a power of appointment in whole or in part, except to the extent the terms of the instrument creating the power prevent the release.
Mont. Code Ann. § 72-3-917 — MT Code / Title 72 / Chapter 3 / Part 9 / Section 72-3-917
72-3-917 Distribution to person under disability
Status: in_force

72-3-917 . Distribution to person under disability. (1) A personal representative may discharge the personal representative's obligation to distribute to any person under legal disability by distributing in a manner expressly provided in the will.

(2) Unless contrary to an express provision in the will, the personal representative may discharge the personal representative's obligation to distribute to a minor or person under other disability as authorized by 72-5-104 or any other statute. If the personal representative knows that a conservator has been appointed or that a proceeding for appointment of a conservator is pending, the personal representative is authorized to distribute only to the conservator.

(3) (a) If the heir or devisee is under disability other than minority, the personal representative is authorized to distribute to:

(i) an attorney-in-fact who has authority under a power of attorney to receive property for that person; or

(ii) the spouse, parent, or other close relative with whom the person under disability resides if the distribution is of amounts not exceeding $10,000 a year or property not exceeding $50,000 in value, unless the court authorizes a larger amount or greater value.

(b) Any person receiving money or property for the disabled person is obligated to apply the money or property to the support of the disabled person, but the receiving person may not accept any pay except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the support of the disabled person. Excess sums must be preserved for future support of the disabled person. The personal representative is not responsible for the proper application of money or property distributed pursuant to this subsection (3).
Mont. Code Ann. § 72-16-503 — MT Code / Title 72 / Chapter 16 / Part 5 / Section 72-16-503
72-16-503 Filings required when holder of nonprobate interest in real property has died
Status: in_force

72-16-503 . Filings required when holder of nonprobate interest in real property has died. A person with an interest in real property that was owned by a decedent, as defined under 72-16-502 , shall record with the clerk and recorder of each county in which the real property or any part of the property is located a document containing those matters required by 7-4-2613 (1)(c).
Mont. Code Ann. § 72-1-207 — MT Code / Title 72 / Chapter 1 / Part 2 / Section 72-1-207
72-1-207 Rules of civil procedure to apply
Status: in_force

72-1-207 . Rules of civil procedure to apply. Unless specifically provided to the contrary in this code or unless inconsistent with its provisions, the rules of civil procedure, including the rules concerning vacation of orders and appellate review, govern formal proceedings under this code.
Mont. Code Ann. § 72-3-703 — MT Code / Title 72 / Chapter 3 / Part 7 / Section 72-3-703
72-3-703 Special administrator appointed informally -- powers and duties
Status: in_force

72-3-703 . Special administrator appointed informally -- powers and duties. A special administrator appointed by the clerk in informal proceedings pursuant to 72-3-701 (1) has the duty to collect and manage the assets of the estate, to preserve them, to account for them, and to deliver them to the general personal representative upon the personal representative's qualification. The special administrator has the power of a personal representative under the code necessary to perform the special administrator's duties.
Mont. Code Ann. § 72-26-702 — MT Code / Title 72 / Chapter 26 / Part 7 / Section 72-26-702
72-26-702 Care of custodial property
Status: in_force

72-26-702 . Care of custodial property. (1) A custodian shall:

(a) take control of custodial property;

(b) register or record title to custodial property if appropriate; and

(c) collect, hold, manage, invest, and reinvest custodial property.

(2) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.

(3) A custodian may invest in or pay premiums on life insurance or endowment policies on:

(a) the life of the minor only if the minor or the minor's estate is the sole beneficiary; or

(b) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian, in the capacity of custodian, is the irrevocable beneficiary.

(4) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered or held in an account designated in the name of the custodian, followed in substance by the words: "as a custodian for ........ (name of minor) under the Montana Uniform Transfers to Minors Act".

(5) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years.
Mont. Code Ann. § 72-2-615 — MT Code / Title 72 / Chapter 2 / Part 6 / Section 72-2-615
72-2-615 Increase in securities -- accessions
Status: in_force

72-2-615 . Increase in securities -- accessions. (1) If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and if the securities are of any of the following types:

(a) securities of the same organization acquired by reason of action initiated by the organization or any successor, related, or acquiring organization, excluding any acquired by exercise of purchase options;

(b) securities of another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or any successor, related, or acquiring organization; or

(c) securities of the same organization acquired as a result of a plan of reinvestment.

(2) Distributions in cash before death with respect to a described security are not part of the devise.
Mont. Code Ann. § 72-1-201 — MT Code / Title 72 / Chapter 1 / Part 2 / Section 72-1-201
72-1-201 Territorial application
Status: in_force

72-1-201 . Territorial application. Except as otherwise provided in this code, this code applies to:

(1) the affairs and estates of decedents, missing persons, and persons to be protected in this state;

(2) the property of nonresidents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state;

(3) incapacitated persons and minors in this state; and

(4) survivorship and related accounts in this state.
Mont. Code Ann. § 72-38-110 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-110
72-38-110 Others treated as qualified beneficiaries
Status: in_force

72-38-110 . Others treated as qualified beneficiaries. (1) Except as provided in 72-38-813 , whenever notice to qualified beneficiaries of a trust is required under this chapter, the trustee shall also give notice to any other beneficiary who has sent the trustee a request for notice.

(2) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a beneficiary and a qualified beneficiary under this chapter if the charitable organization, on the date the charitable organization's qualification is being determined:

(a) is a distributee or permissible distributee of trust income or principal;

(b) would be a distributee or permissible distributee of trust income or principal upon the termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or

(c) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.

(3) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in 72-38-408 or 72-38-409 has the rights of a qualified beneficiary under this chapter.

(4) With respect to a charitable trust having its principal place of administration in this state:

(a) The attorney general of this state has the rights of a beneficiary.

(b) The attorney general of this state has the following two rights of a qualified beneficiary:

(i) the right to request information pursuant to 72-38-813 (1); and

(ii) the right to request a copy of the annual report pursuant to 72-38-813 (3).

(c) The attorney general of this state has all of the rights of a qualified beneficiary of a charitable trust if, on the date that a determination is being made as to the rights of the attorney general under this subsection(4), a charitable interest in the trust is not represented by a qualified beneficiary under subsection (2).
Mont. Code Ann. § 72-17-302 — MT Code / Title 72 / Chapter 17 / Part 3 / Section 72-17-302
72-17-302 Sale or purchase of parts and whole bodies prohibited
Status: in_force

72-17-302 . Sale or purchase of parts and whole bodies prohibited. (1) A person may not knowingly, for valuable consideration:

(a) purchase or sell a part for:

(i) transplantation or therapy, if removal of the part is intended to occur after the death of the decedent; or

(ii) research, education, or the training of search and rescue canines; or

(b) purchase or sell a whole body for transplantation, therapy, research, education, or the training of search and rescue canines.

(2) Valuable consideration does not include reasonable payment for the removal, processing, disposal, preservation, quality control, storage, or transportation of a part or a whole body, or for the implantation of a part.

(3) A person who violates this section is guilty of a felony and on conviction is subject to a fine not exceeding $50,000 or imprisonment not exceeding 5 years, or both.
Mont. Code Ann. § 72-2-537 — MT Code / Title 72 / Chapter 2 / Part 5 / Section 72-2-537
72-2-537 Penalty clause for contest
Status: in_force

72-2-537 . Penalty clause for contest. A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.
Mont. Code Ann. § 72-26-609 — MT Code / Title 72 / Chapter 26 / Part 6 / Section 72-26-609
72-26-609 Validity and effect of transfer
Status: in_force

72-26-609 . Validity and effect of transfer. (1) The validity of a transfer made in a manner prescribed in this chapter is not affected by:

(a) failure of the transferor to comply with 72-26-603 (3) concerning possession and control;

(b) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under 72-26-603 (1); or

(c) death or incapacity of a person nominated under 72-26-601 or designated under 72-26-603 as custodian or the disclaimer of the office by that person.

(2) A transfer made pursuant to 72-26-603 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this chapter.

(3) By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter.
Mont. Code Ann. § 72-2-822 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-822
72-2-822 Disclaimer of interest in property
Status: in_force

72-2-822 . Disclaimer of interest in property. (1) In this section:

(a) "Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.

(b) "Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment.

(2) Except for a disclaimer governed by 72-2-823 or 72-2-824 , the following rules apply to a disclaimer of an interest in property:

(a) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate's death.

(b) The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.

(c) If the instrument does not contain a provision described in subsection (2)(b), the following rules apply:

(i) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.

(ii) If the disclaimant is an individual, except as otherwise provided in subsections (2)(c)(iii) and (2)(c)(iv), the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution.

(iii) If by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution.

(iv) If the disclaimed interest would pass to the disclaimant's estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died at the time of distribution. However, if the transferor's surviving spouse is living but is remarried at the time of distribution, the transferor is deemed to have died unmarried at the time of distribution.

(d) Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.
Mont. Code Ann. § 72-38-203 — MT Code / Title 72 / Chapter 38 / Part 2 / Section 72-38-203
72-38-203 Jurisdiction over trustees and beneficiaries
Status: in_force

72-38-203 . Jurisdiction over trustees and beneficiaries. Subject to 72-38-204 :

(1) by accepting the trusteeship of a trust having its principal place of administration in this state, the trustee submits personally to the jurisdiction of the court under this chapter;

(2) to the extent of their interests in the trust, all beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the court under this chapter; and

(3) by accepting a distribution from a trust having its principal place of administration in this state, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.
Mont. Code Ann. § 72-30-303 — MT Code / Title 72 / Chapter 30 / Part 3 / Section 72-30-303
72-30-303 Protections afforded
Status: in_force

72-30-303 . Protections afforded. (1) Except where specifically required or authorized by federal or state law, a charitable organization that accepts a contribution pursuant to a written donor-imposed restriction may not violate the terms of that restriction without potential penalty.

(2) If a charitable organization violates a donor-imposed restriction contained in an endowment agreement, the donor or that person's legal representative, 90 days after written notification is provided to the charitable organization at the organization's address of record, may file a complaint within 3 years after discovery for breach of the endowment agreement. The complaint may be filed in a court of general jurisdiction in the county where a charitable organization named as a party has its principal office or principal place of carrying out its charitable purpose or in a court of the United States whose district includes the county. The complaint may be filed regardless of whether the agreement expressly reserves a right to sue or enforce, and it may not seek a judgment awarding damages to the plaintiff.

(3) In the event a charitable organization is unable to fulfill a term in an endowment agreement, the donor or that person's legal representative must be notified 90 days in advance and offered an alternative solution that closely matches the initial term in the endowment agreement.

(4) A charitable organization may obtain a judicial declaration of rights and duties expressed in an endowment agreement containing donor restrictions as to all of the actions the agreement contemplates, including without limitation the interpretation, performance, and enforcement of the agreement and the determination of its validity. The charitable organization may seek the declaration in any suit brought under this section or by filing a complaint.

(5) If the court determines that a charitable organization violated a donor-imposed restriction in an endowment agreement, the court may order one or more remedies consistent with the charitable purposes expressed in the endowment agreement. The court may not order the return of donated funds to the donor or the donor's legal representative or estate.

(6) Nothing in this act affects the authority of the attorney general to enforce any restriction in an endowment agreement, limits the application of the judicial power of cy pres, or alters the right of an institution to modify a restriction on the management, investment, purpose, or use of an endowment fund in a manner permitted by the endowment agreement and by the Montana Uniform Prudent Management of Institutional Funds Act, Title 72, chapter 30.
Mont. Code Ann. § 72-3-214 — MT Code / Title 72 / Chapter 3 / Part 2 / Section 72-3-214
72-3-214 Power of clerk to deny informal probate -- effect of denial
Status: in_force

72-3-214 . Power of clerk to deny informal probate -- effect of denial. (1) If the clerk is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of 72-3-212 and 72-3-213 or any other reason, the clerk may decline the application.

(2) A declination of informal probate is not an adjudication and does not preclude formal probate proceedings.
Mont. Code Ann. § 72-2-231 — MT Code / Title 72 / Chapter 2 / Part 2 / Section 72-2-231
72-2-231 Definitions
Status: in_force

72-2-231 . Definitions. In this part:

(1) As used in sections other than 72-2-235 , "decedent's nonprobate transfers to others" means the amounts that are included in the augmented estate under 72-2-235 .

(2) "Fractional interest in property held in joint tenancy with the right of survivorship," whether the fractional interest is unilaterally severable or not, means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants.

(3) "Marriage," as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent's surviving spouse.

(4) "Nonadverse party" means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or nonexercise of the power that person possesses respecting the trust or other property arrangement. A person having a general power of appointment over property is deemed to have a beneficial interest in the property.

(5) "Power" or "power of appointment" includes a power to designate the beneficiary of a beneficiary designation.

(6) "Presently exercisable general power of appointment" means a power of appointment under which, at the time in question, the decedent, whether or not the decedent then had the capacity to exercise the power, held a power to create a present or future interest in the decedent, the decedent's creditors, the decedent's estate, or creditors of the decedent's estate, and includes a power to revoke or invade the principal of a trust or other property arrangement.

(7) "Property" includes values subject to a beneficiary designation.

(8) "Right to income" includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust, or a similar arrangement.

(9) "Transfer," as it relates to a transfer by or of the decedent, includes:

(a) an exercise or release of a presently exercisable general power of appointment held by the decedent;

(b) a lapse at death of a presently exercisable general power of appointment held by the decedent; and

(c) an exercise, release, or lapse of a general power of appointment that the decedent created in the decedent and of a power described in 72-2-235 (2)(b) that the decedent conferred on a nonadverse party.
Mont. Code Ann. § 72-2-711 — MT Code / Title 72 / Chapter 2 / Part 7 / Section 72-2-711
72-2-711 Scope
Status: in_force

72-2-711 . Scope. In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a governing instrument. The rules of construction in this part apply to a governing instrument of any type, except as the application of a particular section is limited by its terms to a specific type or types of provision or governing instrument.
Mont. Code Ann. § 72-16-602 — MT Code / Title 72 / Chapter 16 / Part 6 / Section 72-16-602
72-16-602 Authority of court of administration to determine apportionment
Status: in_force

72-16-602 . Authority of court of administration to determine apportionment. The court in which venue lies for the administration of the estate of a decedent, on petition for the purpose, may determine the apportionment of the tax.
Mont. Code Ann. § 72-38-709 — MT Code / Title 72 / Chapter 38 / Part 7 / Section 72-38-709
72-38-709 Reimbursement of expenses
Status: in_force

72-38-709 . Reimbursement of expenses. (1) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for:

(a) expenses that were properly incurred in the administration of the trust; and

(b) to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.

(2) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.
Mont. Code Ann. § 72-5-615 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-615
72-5-615 Exclusive and continuing jurisdiction
Status: in_force

72-5-615 . Exclusive and continuing jurisdiction. Except as otherwise provided in 72-5-614 , a court that has appointed a guardian or issued a protective order consistent with this part has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
Mont. Code Ann. § 72-2-828 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-828
72-2-828 Delivery or filing
Status: in_force

72-2-828 . Delivery or filing. (1) In this section, "beneficiary designation" means an instrument, other than an instrument creating a trust, naming the beneficiary of:

(a) an annuity or insurance policy;

(b) an account with a designation for payment on death;

(c) a security registered in beneficiary form;

(d) a pension, profit-sharing, retirement, or other employment-related benefit plan; or

(e) any other nonprobate transfer at death.

(2) Subject to subsections (3) through (12), delivery of a disclaimer may be effected by personal delivery, first-class mail, or any other method likely to result in its receipt.

(3) In the case of an interest created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust:

(a) a disclaimer must be delivered to the personal representative of the decedent's estate; or

(b) if no personal representative is then serving, it must be filed with a court having jurisdiction to appoint the personal representative.

(4) In the case of an interest in a testamentary trust:

(a) a disclaimer must be delivered to the trustee then serving, or if no trustee is then serving, to the personal representative of the decedent's estate; or

(b) if no personal representative is then serving, it must be filed with a court having jurisdiction to enforce the trust.

(5) In the case of an interest in an inter vivos trust:

(a) a disclaimer must be delivered to the trustee then serving;

(b) if no trustee is then serving, it must be filed with a court having jurisdiction to enforce the trust; or

(c) if the disclaimer is made before the time the instrument creating the trust becomes irrevocable, it must be delivered to the settlor of a revocable trust or the transferor of the interest.

(6) In the case of an interest created by a beneficiary designation which is disclaimed before the designation becomes irrevocable, the disclaimer must be delivered to the person making the beneficiary designation.

(7) In the case of an interest created by a beneficiary designation which is disclaimed after the designation becomes irrevocable:

(a) the disclaimer of an interest in personal property must be delivered to the person obligated to distribute the interest; and

(b) the disclaimer of an interest in real property must be recorded in the office of the county recorder of the county where the real property that is the subject of the disclaimer is located.

(8) In the case of a disclaimer by a surviving holder of jointly held property, the disclaimer must be delivered to the person to whom the disclaimed interest passes.

(9) In the case of a disclaimer by an object or taker in default of exercise of a power of appointment at any time after the power was created:

(a) the disclaimer must be delivered to the holder of the power or to the fiduciary acting under the instrument that created the power; or

(b) if no fiduciary is then serving, it must be filed with a court having authority to appoint the fiduciary.

(10) In the case of a disclaimer by an appointee of a nonfiduciary power of appointment:

(a) the disclaimer must be delivered to the holder, the personal representative of the holder's estate or to the fiduciary under the instrument that created the power; or

(b) if no fiduciary is then serving, it must be filed with a court having authority to appoint the fiduciary.

(11) In the case of a disclaimer by a fiduciary of a power over a trust or estate, the disclaimer must be delivered as provided in subsection (3), (4), or (5), as if the power disclaimed were an interest in property.

(12) In the case of a disclaimer of a power by an agent, the disclaimer must be delivered to the principal or the principal's representative.
Mont. Code Ann. § 72-31-307 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-307
72-31-307 Meaning and effect of power of attorney
Status: in_force

72-31-307 . Meaning and effect of power of attorney. The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
Mont. Code Ann. § 72-38-1001 — MT Code / Title 72 / Chapter 38 / Part 10 / Section 72-38-1001
72-38-1001 Remedies for breach of trust
Status: in_force

72-38-1001 . Remedies for breach of trust. (1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.

(2) To remedy a breach of trust that has occurred or may occur, the court may:

(a) compel the trustee to perform the trustee's duties;

(b) enjoin the trustee from committing a breach of trust;

(c) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;

(d) order a trustee to account;

(e) appoint a special fiduciary to take possession of the trust property and administer the trust;

(f) suspend the trustee;

(g) remove the trustee as provided in 72-38-706 ;

(h) reduce or deny compensation to the trustee;

(i) subject to 72-38-1012 , void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or

(j) order any other appropriate relief.
Mont. Code Ann. § 72-39-207 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-207
72-39-207 Decanting power under expanded distributive discretion
Status: in_force

72-39-207 . Decanting power under expanded distributive discretion. (1) In this section:

(a) "Noncontingent right" means a right that is not subject to the exercise of discretion or the occurrence of a specified event that is not certain to occur. The term does not include a right held by a beneficiary if any person has discretion to distribute property subject to the right to any person other than the beneficiary or the beneficiary's estate.

(b) "Presumptive remainder beneficiary" means a qualified beneficiary other than a current beneficiary.

(c) "Successor beneficiary" means a beneficiary that is not a qualified beneficiary on the date the beneficiary's qualification is determined. The term does not include a person that is a beneficiary only because the person holds a nongeneral power of appointment.

(d) "Vested interest" means:

(i) a right to a mandatory distribution that is a noncontingent right as of the date of the exercise of the decanting power;

(ii) a current and noncontingent right, annually or more frequently, to a mandatory distribution of income, a specified dollar amount, or a percentage of value of some or all of the trust property;

(iii) a current and noncontingent right, annually or more frequently, to withdraw income, a specified dollar amount, or a percentage of value of some or all of the trust property;

(iv) a presently exercisable general power of appointment; or

(v) a right to receive an ascertainable part of the trust property on the trust's termination which is not subject to the exercise of discretion or to the occurrence of a specified event that is not certain to occur.

(2) Subject to subsection (3) and 72-39-210 , an authorized fiduciary that has expanded distributive discretion over the principal of a first trust for the benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust.

(3) Subject to 72-39-209 , in an exercise of the decanting power under this section, a second trust may not:

(a) include as a current beneficiary a person that is not a current beneficiary of the first trust, except as otherwise provided in subsection (4);

(b) include as a presumptive remainder beneficiary or successor beneficiary a person that is not a current beneficiary, presumptive remainder beneficiary, or successor beneficiary of the first trust, except as otherwise provided in subsection (4); or

(c) reduce or eliminate a vested interest.

(4) Subject to subsection (3)(c) and 72-39-210 , in an exercise of the decanting power under this section, a second trust may be a trust created or administered under the law of any jurisdiction and may:

(a) retain a power of appointment granted in the first trust;

(b) omit a power of appointment granted in the first trust, other than a presently exercisable general power of appointment;

(c) create or modify a power of appointment if the powerholder is a current beneficiary of the first trust and the authorized fiduciary has expanded distributive discretion to distribute principal to the beneficiary; and

(d) create or modify a power of appointment if the powerholder is a presumptive remainder beneficiary or successor beneficiary of the first trust, but the exercise of the power may take effect only after the powerholder becomes, or would have become if then living, a current beneficiary.

(5) A power of appointment described in subsections (4)(a) through (4)(d) may be general or nongeneral. The class of permissible appointees in favor of which the power may be exercised may be broader than or different from the beneficiaries of the first trust.

(6) If an authorized fiduciary has expanded distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has expanded distributive discretion.
Mont. Code Ann. § 72-3-222 — MT Code / Title 72 / Chapter 3 / Part 2 / Section 72-3-222
72-3-222 Informal appointment -- clerk to make findings
Status: in_force

72-3-222 . Informal appointment -- clerk to make findings. In informal appointment proceedings, the clerk shall determine whether:

(1) the application for informal appointment of a personal representative is complete;

(2) the applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief;

(3) the applicant appears from the application to be an interested person as defined in 72-1-103 ;

(4) on the basis of the statements in the application, venue is proper;

(5) any will to which the requested appointment relates has been formally or informally probated, but this requirement does not apply to the appointment of a special administrator;

(6) any notice required by 72-3-106 has been given;

(7) from the statements in the application, the person whose appointment is sought has priority entitling the person to the appointment.
Mont. Code Ann. § 72-2-1003 — MT Code / Title 72 / Chapter 2 / Part 10 / Section 72-2-1003
72-2-1003 When nonvested property interest or power of appointment created
Status: in_force

72-2-1003 . When nonvested property interest or power of appointment created. (1) Except as provided in 72-2-1005 and subsections (2) and (3) of this section, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.

(2) For purposes of this part, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of a nonvested property interest or a property interest subject to a power of appointment described in 72-2-1002 (2) or (3), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.

(3) For purposes of this part, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
Mont. Code Ann. § 72-3-623 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-623
72-3-623 Persons dealing with single corepresentative -- protection
Status: in_force

72-3-623 . Persons dealing with single corepresentative -- protection. Persons dealing with a corepresentative, if actually unaware that another has been appointed to serve with the corepresentative or if advised by the personal representative with whom they deal that the personal representative has authority to act alone for any of the reasons mentioned in this part, are as fully protected as if the person with whom they dealt had been the sole personal representative.
Mont. Code Ann. § 72-3-220 — MT Code / Title 72 / Chapter 3 / Part 2 / Section 72-3-220
72-3-220 Nondomiciliary decedent -- will filed and not probated in domiciliary state
Status: in_force

72-3-220 . Nondomiciliary decedent -- will filed and not probated in domiciliary state. A will of a nondomiciliary decedent that has been filed and not probated in a court in the domiciliary state may be proved for probate in this state by an authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has been filed and not submitted for probate in the court in the domiciliary state.
Mont. Code Ann. § 72-34-437 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-437
72-34-437 Amounts received from rental property allocation
Status: in_force

72-34-437 . Amounts received from rental property allocation. Unless the trustee accounts for receipts from rental property pursuant to 72-34-435 , the trustee shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods, must be added to principal and held subject to the terms of the lease and is not available for distribution to a beneficiary until the trustee's contractual obligations have been satisfied with respect to that amount.
Mont. Code Ann. § 72-3-610 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-610
72-3-610 General duties -- fiduciary
Status: in_force

72-3-610 . General duties -- fiduciary. A personal representative is a fiduciary who shall observe the standards of care applicable to trustees under the laws of the state of Montana. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this code and as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred upon the personal representative by this code, the terms of the will, if any, and any order in proceedings to which the personal representative is party for the best interests of successors to the estate.
Mont. Code Ann. § 72-3-806 — MT Code / Title 72 / Chapter 3 / Part 8 / Section 72-3-806
72-3-806 Counterclaims -- deduction
Status: in_force

72-3-806 . Counterclaims -- deduction. (1) In allowing a claim, the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate, a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess.

(2) A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.
Mont. Code Ann. § 72-38-822 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-822
72-38-822 Restrictions on trustees under charitable trust, private foundations, or split-interest trust
Status: in_force

72-38-822 . Restrictions on trustees under charitable trust, private foundations, or split-interest trust. During any period when a trust is considered to be a charitable trust, a private foundation, or a split-interest trust, the trustee may not do any of the following:

(1) engage in any act of self-dealing as defined in section 4941(d) of the Internal Revenue Code;

(2) retain any excess business holdings as defined in section 4943(c) of the Internal Revenue Code;

(3) make any investments in a manner that subjects the property of the trust to tax under section 4944 of the Internal Revenue Code; or

(4) make any taxable expenditure as defined in section 4945(d) of the Internal Revenue Code.
Mont. Code Ann. § 72-17-105 — MT Code / Title 72 / Chapter 17 / Part 1 / Section 72-17-105
72-17-105 Legislative findings
Status: in_force

72-17-105 . Legislative findings. (1) The legislature finds that the use of anatomical gifts, including the donation of organs or tissue, for the purpose of transplantation is of great interest to the citizens of Montana and may save or prolong the life or improve the health of extremely ill and dying persons. The creation of a statewide organ and tissue donation registry is crucial to facilitate timely and successful organ and tissue procurement.

(2) The legislature further finds that continuing education of the existence and maintenance of a statewide organ and tissue donation registry is in the best interest of the people of Montana.
Mont. Code Ann. § 72-5-103 — MT Code / Title 72 / Chapter 5 / Part 1 / Section 72-5-103
72-5-103 Delegation of powers by parent or guardian
Status: in_force

72-5-103 . Delegation of powers by parent or guardian. (1) A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding 6 months, any powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward.

(2) The 6-month limitation provided in subsection (1) does not apply to:

(a) a member of the Montana national guard who serves for more than 180 continuous days on duty pursuant to Title 10 or Title 32 of the United States Code or on state military duty as defined in 10-1-1003 ;

(b) a member of the active duty military forces of the United States; or

(c) a member of the federal reserves who serves for more than 180 continuous days on duty pursuant to Title 10 of the United States Code.

(3) As used in this section, "federal reserves" means the United States air force reserve, army reserve, navy reserve, marine corps reserve, or coast guard reserve.
Mont. Code Ann. § 72-3-1016 — MT Code / Title 72 / Chapter 3 / Part 10 / Section 72-3-1016
72-3-1016 Subsequent administration upon discovery of other property
Status: in_force

72-3-1016 . Subsequent administration upon discovery of other property. If other property of the estate is discovered after an estate has been settled and the personal representative discharged or after 1 year after a closing statement has been filed, the court upon petition of any interested person and upon notice as it directs may appoint the same or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the court orders otherwise, the provisions of this code apply as appropriate; but no claim previously barred may be asserted in the subsequent administration.
Mont. Code Ann. § 72-2-826 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-826
72-2-826 Disclaimer by appointee, object, or taker in default of exercise of power of appointment
Status: in_force

72-2-826 . Disclaimer by appointee, object, or taker in default of exercise of power of appointment. (1) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.

(2) A disclaimer of an interest in property by an object or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable.
Mont. Code Ann. § 72-16-908 — MT Code / Title 72 / Chapter 16 / Part 9 / Section 72-16-908
72-16-908 Persons liable for tax
Status: in_force

72-16-908 . Persons liable for tax. Administrators, executors, trustees, and grantees under a conveyance made during the grantor's life and taxable hereunder shall be liable for such taxes with interest until the same have been paid.
Mont. Code Ann. § 72-3-615 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-615
72-3-615 Transaction involving conflict of interest -- voidable -- exceptions
Status: in_force

72-3-615 . Transaction involving conflict of interest -- voidable -- exceptions. Any sale or encumbrance to the personal representative, the personal representative's spouse, agent, or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest or any transaction that is affected by a substantial conflict of interest on the part of the personal representative is voidable by any person interested in the estate except one who has consented after fair disclosure unless:

(1) the will or a contract entered into by the decedent expressly authorized the transaction; or

(2) the transaction is approved by the court after notice to interested persons.
Mont. Code Ann. § 72-17-208 — MT Code / Title 72 / Chapter 17 / Part 2 / Section 72-17-208
72-17-208 Document of gift -- delivery -- validity
Status: in_force

72-17-208 . Document of gift -- delivery -- validity. (1) Delivery of a document of gift during the donor's lifetime is not required for the validity of an anatomical gift.

(2) If an anatomical gift is made to a designated donee, the document of gift, or a copy, may be delivered to the donee to expedite the appropriate procedures after death. A document of gift or a refusal to make an anatomical gift or a copy may be deposited in any hospital, procurement organization, or registry office that accepts it for safekeeping or for facilitation of procedures after death. On request of an interested person, upon or after the donor's death, the person in possession shall allow the interested person to examine or copy the document of gift or the refusal to make an anatomical gift.

(3) A document of gift is valid if executed in accordance with:

(a) this chapter;

(b) the laws of the state or country where it was executed; or

(c) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.

(4) If a document of gift is valid under this section, the laws of this state govern the interpretation of the document of gift.

(5) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
Mont. Code Ann. § 72-38-209 — MT Code / Title 72 / Chapter 38 / Part 2 / Section 72-38-209
72-38-209 Notice -- method and time of giving
Status: in_force

72-38-209 . Notice -- method and time of giving. (1) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided in this chapter, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or the person's attorney if the person has appeared by attorney or requested that notice be sent to the person's attorney.

(2) Notice must be given:

(a) by mailing a copy of the notice at least 14 days before the time set for the hearing by certified mail or ordinary first-class mail addressed to the person being notified at the post-office address given in the person's demand for notice, if any, or at the person's office or place of residence, if known;

(b) by delivering a copy of the notice to the person being notified personally at least 14 days before the time set for the hearing; or

(c) if the address or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing the notice in a weekly paper once a week for 3 consecutive weeks and, if in a newspaper published more often than once a week, by publishing on at least 3 different days of publication. There must be at least 10 days from the first to the last day of publication, both the first and last day being included.

(3) The court for good cause shown may provide for a different method or time of giving notice for any hearing.

(4) Proof of the giving of notice must be made on or before the hearing and filed in the proceeding. If it appears to the satisfaction of the court that notice has been regularly given or that the party entitled to notice has waived, the court shall so find in its order. When the order becomes final, it is conclusive on all persons, whether or not in being.
Mont. Code Ann. § 72-40-121 — MT Code / Title 72 / Chapter 40 / Part 1 / Section 72-40-121
72-40-121 Uniformity of application and construction
Status: in_force

72-40-121 . 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. § 72-3-916 — MT Code / Title 72 / Chapter 3 / Part 9 / Section 72-3-916
72-3-916 Distribution to trustee -- registration -- bond
Status: in_force

72-3-916 . Distribution to trustee -- registration -- bond. (1) Before making a distribution to a trustee, the personal representative may require that the trust be registered if the state in which it is to be administered provides for registration and may require that the trustee inform in writing the current beneficiaries and, if possible, one or more persons who under 72-1-303 may represent beneficiaries with future interests of the trustee's name and address and provide each with a copy of the terms of the trust that describe or affect the interest of the beneficiaries and with relevant information about the assets of the trust and the particulars relating to the administration.

(2) If the trust instrument does not excuse the trustee from posting bond, the personal representative may petition the appropriate court to require that the trustee post bond if the personal representative believes that distribution might jeopardize the interests of persons who are not able to protect themselves and the personal representative may withhold distribution until the court has acted.

(3) An inference of negligence on the part of the personal representative may not be drawn from the personal representative's failure to exercise the authority conferred by subsections (1) and (2).
Mont. Code Ann. § 72-2-118 — MT Code / Title 72 / Chapter 2 / Part 1 / Section 72-2-118
72-2-118 Afterborn heirs
Status: in_force

72-2-118 . Afterborn heirs. An individual in gestation at a particular time is treated as living at that time if the individual lives 120 hours or more after birth. If it is not established by clear and convincing evidence that an individual in gestation at the decedent's death lived 120 hours after birth, it is deemed that the individual failed to survive for the required period.
Mont. Code Ann. § 72-34-447 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-447
72-34-447 Payments from collateral financial assets and payments in exchange for interest in asset-backed security -- allocation
Status: in_force

72-34-447 . Payments from collateral financial assets and payments in exchange for interest in asset-backed security -- allocation. (1) In this section, "asset-backed security" means an asset whose value is based upon the right it gives the owner to receive distributions from the proceeds of financial assets that provide collateral for the security. The term includes an asset that gives the owner the right to receive from the collateral financial assets only the interest or other current return or only the proceeds other than interest or current return. The term does not include an asset to which 72-34-433 or 72-34-441 applies.

(2) If a trust receives a payment from interest or other current return and from other proceeds of the collateral financial assets, the trustee shall allocate to income the portion of the payment that the payer identifies as being from interest or other current return and shall allocate the balance of the payment to principal.

(3) If a trust receives one or more payments in exchange for the trust's entire interest in an asset-backed security in one accounting period, the trustee shall allocate the payments to principal. If a payment is one of a series of payments that will result in the liquidation of the trust's interest in the security over more than one accounting period, the trustee shall allocate 10% of the payment to income and the balance to principal.
Mont. Code Ann. § 72-3-514 — MT Code / Title 72 / Chapter 3 / Part 5 / Section 72-3-514
72-3-514 Demand for bond by interested person
Status: in_force

72-3-514 . Demand for bond by interested person. (1) Any person apparently having an interest in the estate worth in excess of $5,000 or any creditor having a claim in excess of $5,000 may make a written demand that a personal representative give bond. The demand must be filed with the clerk and a copy mailed to the personal representative, if appointment and qualification have occurred. Upon filing of the demand, bond is required, but the requirement ceases if the person demanding bond ceases to be interested in the estate or if bond is excused as provided in 72-3-513 or 72-3-515 .

(2) After the personal representative has received notice and until the filing of the bond or cessation of the requirement of bond, the personal representative shall refrain from exercising any powers of the personal representative's office except as necessary to preserve the estate.

(3) Failure of the personal representative to meet a requirement of bond by giving suitable bond within 30 days after receipt of notice is cause for removal and appointment of a successor personal representative.
Mont. Code Ann. § 72-5-606 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-606
72-5-606 Taking testimony in another state
Status: in_force

72-5-606 . Taking testimony in another state. (1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.

(2) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.

(3) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
Mont. Code Ann. § 72-14-403 — MT Code / Title 72 / Chapter 14 / Part 4 / Section 72-14-403
72-14-403 Deposit of unclaimed property in state treasury -- escheat
Status: in_force

72-14-403 . Deposit of unclaimed property in state treasury -- escheat. (1) All money or other property distributed in the administration of an estate of a decedent or as the subject of a trust and deposited with the county treasurer to the credit of the distributee or beneficiary and any money remaining on deposit to the credit of an estate after final distribution must, within 1 year of receipt by the county treasurer, be delivered into the state treasury for deposit in the private purpose trust fund.

(2) If money or other property deposited in the state treasury is not claimed by the person or persons entitled to the property by bringing an action as provided in part 3 of this chapter, the money or property escheats to the state and must be placed in the public school permanent fund.
Mont. Code Ann. § 72-31-304 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-304
72-31-304 Power of attorney is durable
Status: in_force

72-31-304 . Power of attorney is durable. A power of attorney created under this part is durable unless it expressly provides that it is terminated by the incapacity of the principal.
Mont. Code Ann. § 72-3-609 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-609
72-3-609 Supplemental inventory
Status: in_force

72-3-609 . Supplemental inventory. If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, the personal representative shall make a supplemental inventory or appraisal showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions and the appraisers or other data relied upon, if any. The personal representative shall file the supplemental inventory with the court if the original inventory was filed or shall furnish copies of the supplemental inventory or information to persons interested in the new information.
Mont. Code Ann. § 72-7-504 — MT Code / Title 72 / Chapter 7 / Part 5 / Section 72-7-504
72-7-504 Creditor claim -- nongeneral power
Status: in_force

72-7-504 . Creditor claim -- nongeneral power. (1) Except as otherwise provided in subsections (2) and (3), appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder's estate.

(2) Appointive property subject to a nongeneral power of appointment is subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent that the powerholder owned the property and, reserving the nongeneral power, transferred the property in violation of the Uniform Fraudulent Transfer Act, 31-2-326 through 31-2-342 .

(3) If the initial gift in default of appointment is to the powerholder or the powerholder's estate, a nongeneral power of appointment is treated for purposes of this act as a general power.
Mont. Code Ann. § 72-2-827 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-827
72-2-827 Disclaimer of power held in fiduciary capacity
Status: in_force

72-2-827 . Disclaimer of power held in fiduciary capacity. (1) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

(2) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.

(3) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.
Mont. Code Ann. § 72-15-201 — MT Code / Title 72 / Chapter 15 / Part 2 / Section 72-15-201
72-15-201 Duty to make out inventory, administer, and account
Status: in_force

72-15-201 . Duty to make out inventory, administer, and account. The public administrator shall make out and return an inventory of all estates taken into the administrator's possession and administer and account for the inventory according to the provisions of this chapter, subject to the control and directions of the court.
Mont. Code Ann. § 72-7-405 — MT Code / Title 72 / Chapter 7 / Part 4 / Section 72-7-405
72-7-405 Power to contract -- presently exercisable power of appointment
Status: in_force

72-7-405 . Power to contract -- presently exercisable power of appointment. A powerholder of a presently exercisable power of appointment may contract:

(1) not to exercise the power; or

(2) to exercise the power if the contract when made does not confer a benefit on an impermissible appointee.
Mont. Code Ann. § 72-3-121 — MT Code / Title 72 / Chapter 3 / Part 1 / Section 72-3-121
72-3-121 Scope of proceedings when no supervised administration -- proceedings independent -- combination of proceedings
Status: in_force

72-3-121 . Scope of proceedings when no supervised administration -- proceedings independent -- combination of proceedings. Unless supervised administration as described in chapter 3, part 4, is involved:

(1) each proceeding before the court or clerk is independent of any other proceeding involving the same estate;

(2) petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this code, no petition is defective because it fails to embrace all matters which might then be the subject of a final order.

(3) proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives; and

(4) a proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.
Mont. Code Ann. § 72-3-112 — MT Code / Title 72 / Chapter 3 / Part 1 / Section 72-3-112
72-3-112 Venue for estate proceedings
Status: in_force

72-3-112 . Venue for estate proceedings. (1) Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is:

(a) in the county where the decedent had the decedent's domicile at the time of death; or

(b) if the decedent was not domiciled in this state, in any county where property of the decedent was located at the time of death.

(2) Venue for all subsequent proceedings within the exclusive jurisdiction of the court is in the place where the initial proceeding occurred unless the initial proceeding has been transferred as provided in 72-1-203 or subsection (3) of this section.

(3) If the first proceeding was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court.

(4) For the purpose of aiding determinations concerning location of assets which may be relevant in cases involving non-domiciliaries, a debt, other than one evidenced by investment or commercial paper or other instrument in favor of a non-domiciliary is located where the debtor resides or, if the debtor is a person other than an individual, at the place where it has its principal office. Commercial paper, investment paper, and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued.
Mont. Code Ann. § 72-3-1102 — MT Code / Title 72 / Chapter 3 / Part 11 / Section 72-3-1102
72-3-1102 Effect of affidavit
Status: in_force

72-3-1102 . Effect of affidavit. (1) The person paying, delivering, transferring, or issuing personal property or the evidence of personal property pursuant to affidavit is discharged and released to the same extent as if the person dealt with a personal representative of the decedent. The person is not required to see to the application of the personal property or evidence of personal property or to inquire into the truth of any statement in the affidavit.

(2) If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence of personal property, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled to the property.

(3) A person to whom payment, delivery, transfer, or issuance is made is answerable and accountable for the property to any person representative of the estate or to any other person having a superior right.
Mont. Code Ann. § 72-17-312 — MT Code / Title 72 / Chapter 17 / Part 3 / Section 72-17-312
72-17-312 Approval of eye banks
Status: in_force

72-17-312 . Approval of eye banks. Any bank or storage facility that furnishes to the department written evidence of its membership and certification and reports and recommendations for future compliance, granted by the eyebank association of America, is approved for receipt and storage of eye tissue for the term of such membership and certification and is eligible during such term to be a donee of eye tissue pursuant to 72-17-202 .
Mont. Code Ann. § 72-2-522 — MT Code / Title 72 / Chapter 2 / Part 5 / Section 72-2-522
72-2-522 Execution -- witnessed wills -- holographic wills
Status: in_force

72-2-522 . Execution -- witnessed wills -- holographic wills. (1) Except as provided in 72-2-523 , 72-2-526 , 72-2-533 , and subsection (2) of this section, a will must be:

(a) in writing;

(b) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and

(c) signed by at least two individuals, each of whom signed within a reasonable time after having witnessed either the signing of the will as described in subsection (1)(b) or the testator's acknowledgment of that signature or acknowledgment of the will.

(2) A will that does not comply with subsection (1) is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.

(3) Intent that the document constitute the testator's will may be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting.
Mont. Code Ann. § 72-38-1008 — MT Code / Title 72 / Chapter 38 / Part 10 / Section 72-38-1008
72-38-1008 Exculpation of trustee
Status: in_force

72-38-1008 . Exculpation of trustee. (1) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:

(a) relieves the trustee of liability for breach of trust committed 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;

(b) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor; or

(c) relieves the trustee of accountability for profits derived from a breach of trust.

(2) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.
Mont. Code Ann. § 72-12-206 — MT Code / Title 72 / Chapter 12 / Part 2 / Section 72-12-206
72-12-206 Fees and expenses -- by whom paid
Status: in_force

72-12-206 . Fees and expenses -- by whom paid. When the validity or probate of a will is contested through court action, the attorney fees and costs, as provided in 25-10-201 , incurred in defending the validity or probate of the will must be paid by the party contesting the validity or probate of the will if the will in probate is confirmed. If the probate is revoked, costs, as provided in 25-10-201 , but not attorney fees, must be paid by the party who resisted the revocation or out of the property of the decedent, as the court directs.
Mont. Code Ann. § 72-38-1012 — MT Code / Title 72 / Chapter 38 / Part 10 / Section 72-38-1012
72-38-1012 Protection of person dealing with trustee
Status: in_force

72-38-1012 . Protection of person dealing with trustee. (1) A person other than a beneficiary who in good faith assists a trustee or who in good faith and for value deals with a trustee without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.

(2) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.

(3) A person who in good faith delivers assets to a trustee need not ensure their proper application.

(4) A person other than a beneficiary who in good faith assists a former trustee or who in good faith and for value deals with a former trustee without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.

(5) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.
Mont. Code Ann. § 72-15-205 — MT Code / Title 72 / Chapter 15 / Part 2 / Section 72-15-205
72-15-205 Deposit of money with county treasurer -- withdrawals for administrative costs -- investment
Status: in_force

72-15-205 . Deposit of money with county treasurer -- withdrawals for administrative costs -- investment. (1) It is the duty of a public administrator, as soon as the public administrator receives money, to deposit with the county treasurer of the county in which probate proceedings are pending all money of the estate, and the money may be drawn upon the order of the personal representative, countersigned by a district judge when required for the purposes of administration.

(2) It is the duty of the county treasurer to receive and safely keep all money and pay it out upon the order of the personal representative, when countersigned by a district judge and not otherwise, and to keep an account with the estate of all money received and paid to the county treasurer. The county treasurer and the sureties of the county treasurer are liable on the treasurer's official bond for the safekeeping and payment of all money.

(3) The money deposited with the county treasurer may, upon order of the court or judge, be invested pending the proceedings in securities of the United States or of this state when the investment is for the best interests of the estate.
Mont. Code Ann. § 72-2-331 — MT Code / Title 72 / Chapter 2 / Part 3 / Section 72-2-331
72-2-331 Entitlement of spouse -- premarital will
Status: in_force

72-2-331 . Entitlement of spouse -- premarital will. (1) If a testator's surviving spouse married the testator after the execution of the will, the surviving spouse is entitled to receive, as an intestate share, no less than the value of the share of the estate the spouse would have received if the testator had died intestate as to that portion of the testator's estate, if any, that is neither devised to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse nor devised to the descendant of such a child or passes under 72-2-613 or 72-2-614 to such a child or to a descendant of such a child, unless:

(a) it appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse;

(b) the will expresses the intention that it is to be effective notwithstanding any subsequent marriage; or

(c) the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.

(2) In satisfying the share provided by this section, devises made by the will to the testator's surviving spouse, if any, are applied first and other devises, other than a devise to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse or a devise or substitute gift under 72-2-613 or 72-2-614 to a descendant of such a child, abate as provided in 72-3-901 .
Mont. Code Ann. § 72-3-302 — MT Code / Title 72 / Chapter 3 / Part 3 / Section 72-3-302
72-3-302 Formal testacy proceedings -- nature -- how and when commenced
Status: in_force

72-3-302 . Formal testacy proceedings -- nature -- how and when commenced. (1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will.

(2) A formal testacy proceeding may be commenced by an interested person filing a petition:

(a) as described in 72-3-301 (1) in which the person requests that the court, after notice and hearing, enter an order probating a will;

(b) to set aside an informal probate of a will or to prevent informal probate of a will that is the subject of a pending application; or

(c) for an order that the decedent died intestate.

(3) A petition may seek formal probate of a will without regard to whether the will or a conflicting will has been informally probated.

(4) A formal testacy proceeding may but need not involve a request for appointment of a personal representative.
Mont. Code Ann. § 72-31-308 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-308
72-31-308 Nomination of conservator or guardian -- relation of agent to court-appointed fiduciary
Status: in_force

72-31-308 . Nomination of conservator or guardian -- relation of agent to court-appointed fiduciary. (1) In a power of attorney, a principal may nominate a conservator or guardian of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.

(2) If, after a principal executes a power of attorney, a court appoints a conservator or guardian of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court.
Mont. Code Ann. § 72-7-203 — MT Code / Title 72 / Chapter 7 / Part 2 / Section 72-7-203
72-7-203 Presumption of unlimited authority
Status: in_force

72-7-203 . Presumption of unlimited authority. Subject to 72-7-204 and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is:

(1) presently exercisable;

(2) exclusionary; and

(3) except as otherwise provided in 72-7-204 , general.
Mont. Code Ann. § 72-3-522 — MT Code / Title 72 / Chapter 3 / Part 5 / Section 72-3-522
72-3-522 Termination of appointment -- death or disability
Status: in_force

72-3-522 . Termination of appointment -- death or disability. (1) The death of a personal representative or the appointment of a conservator for the estate of a personal representative terminates the personal representative's appointment.

(2) Until appointment and qualification of a successor or special representative to replace the deceased or protected representative, the representative of the estate of the deceased or protected personal representative, if any, has the duty to protect the estate possessed and being administered by the representative's decedent or ward at the time the appointment terminates, has the power to perform acts necessary for protection, and shall account for and deliver the estate assets to a successor or special personal representative upon that person's appointment and qualification.
Mont. Code Ann. § 72-26-506 — MT Code / Title 72 / Chapter 26 / Part 5 / Section 72-26-506
72-26-506 Uniformity of application and construction
Status: in_force

72-26-506 . Uniformity of application and construction. This chapter must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Mont. Code Ann. § 72-5-445 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-445
72-5-445 Notice of hearing
Status: in_force

72-5-445 . Notice of hearing. Notice of the hearing of the petition must be given, regardless of age, for the period and in the manner provided by 72-1-301 to all of the following:

(1) the persons required to be named in a petition for the appointment of a conservator;

(2) so far as is known to the petitioner, beneficiaries under any document executed by the protected person that may have testamentary effect unless the court for good cause dispenses with such notice;

(3) if the proposed action involves a trust, to all persons entitled to receive notice with respect to such an action under Title 72, chapter 38;

(4) so far as is known to the petitioner, the persons who, if the protected person were to die immediately, would be the protected person's heirs under the laws of intestate succession unless the court for good cause dispenses with the notice; and

(5) other persons as the court may order.
Mont. Code Ann. § 72-14-401 — MT Code / Title 72 / Chapter 14 / Part 4 / Section 72-14-401
72-14-401 Fiduciary deposit of money when interested person under disability or similar circumstances -- receipt as voucher
Status: in_force

72-14-401 . Fiduciary deposit of money when interested person under disability or similar circumstances -- receipt as voucher. When property in the hands of a personal representative, trustee, or other fiduciary is assigned or distributed to any heir, legatee, devisee, creditor, beneficiary, or person interested in an estate or trust who does not have an agent in this state or who cannot be found or who refuses to accept the property or to give a proper voucher for the property or to a minor or incompetent person who does not have a legal guardian to receive the property or person authorized to receipt for the property and the property or any part of the property consists of money, the personal representative, trustee, or other fiduciary may deposit the money in a special fund in the name of the heir, legatee, devisee, creditor, beneficiary, or person interested with the county treasurer of the county in which the proceedings are pending or in which the property is located. The county treasurer shall give a receipt for the money and is liable upon the treasurer"s official bond. The receipt must be considered and received by the court or judge as a voucher in favor of the personal representative, trustee, or other fiduciary with the same force and effect as if executed by the heir, legatee, devisee, creditor, beneficiary, or person interested.
Mont. Code Ann. § 72-31-416 — MT Code / Title 72 / Chapter 31 / Part 4 / Section 72-31-416
72-31-416 Uniformity of application and construction
Status: in_force

72-31-416 . 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. § 72-5-638 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-638
72-5-638 Transitional provision
Status: in_force

72-5-638 . Transitional provision. (1) This part applies to guardianship and protective proceedings begun on or after October 1, 2009.

(2) Sections 72-5-601 through 72-5-606 , 72-5-624 , 72-5-625 , 72-5-629 through 72-5-631 , 72-5-636 , and 72-5-637 apply to proceedings begun before October 1, 2009, regardless of whether a guardianship or protective order has been issued.
Mont. Code Ann. § 72-38-133 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-133
72-38-133 Objection to proposed action or inaction -- petition -- liability of trustee
Status: in_force

72-38-133 . Objection to proposed action or inaction -- petition -- liability of trustee. (1) A qualified beneficiary may object to the proposed action or inaction by providing a written objection to the trustee at the address stated in the notice of proposed action or notice of proposed inaction within the time period specified in the notice of proposed action or notice of proposed inaction. The written objection may take any form reasonably calculated to communicate the objection but need not give any reason for the objection.

(2) Except as provided in subsection (3), a trustee is not liable to a qualified beneficiary for an action or inaction regarding a matter governed by this part if the trustee does not receive a written objection to the proposed action or inaction from the qualified beneficiary within the applicable period and the other requirements of this part are satisfied. Except as provided in subsection (3), if no qualified beneficiary objects under this section, the trustee is not liable to any qualified beneficiary with respect to the proposed action or inaction. This section does not apply to an unborn or minor child or an incapacitated adult unless notice of the proposed action is provided to an appropriate representative pursuant to 72-38-303 .

(3) The failure of a qualified beneficiary to object does not preclude the qualified beneficiary from holding the trustee liable for a breach of trust in any of the following circumstances:

(a) if the qualified beneficiary at the time of the qualified beneficiary's failure to object did not have notice of the proposed action as prescribed in 72-38-130 through 72-38-134 ; or

(b) if the qualified beneficiary's failure to object was induced by improper conduct of the trustee.

(4) If the trustee receives a written objection to a notice of proposed action within the applicable period, either the trustee or a qualified beneficiary may petition the court to have the proposed action taken as proposed, taken with modifications, or denied. In the proceeding, the trustee has the burden of proving that the trustee's proposed action should be taken. A qualified beneficiary who has not objected is not estopped from opposing the proposed action in the proceeding.

(5) If the trustee decides not to implement the proposed action, the trustee shall notify the qualified beneficiaries of the decision not to take the action and the reasons for the decision, and the trustee's decision not to implement the proposed action does not itself give rise to liability to any beneficiary. A qualified beneficiary may petition the court to have the action taken, and the qualified beneficiary has the burden of proving that it should be taken.

(6) If the trustee receives a written objection to a notice of proposed inaction within the applicable period, either the trustee or a qualified beneficiary may petition the court to approve the proposed inaction. In the proceeding, the trustee has the burden of proving that the trustee should not act. A qualified beneficiary who has not objected is not estopped from opposing the proposed inaction in the proceeding.

(7) If after providing a notice of proposed inaction, the trustee decides to act, the trustee shall notify the qualified beneficiaries of the decision to act and the reasons for the decision, and the trustee's decision does not itself give rise to liability to any beneficiary. A qualified beneficiary may petition the court to direct the trustee not to act, and the qualified beneficiary has the burden of proof.
Mont. Code Ann. § 72-38-905 — MT Code / Title 72 / Chapter 38 / Part 9 / Section 72-38-905
72-38-905 Compliance determinations -- standards
Status: in_force

72-38-905 . Compliance determinations -- standards. Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight.
Mont. Code Ann. § 72-38-212 — MT Code / Title 72 / Chapter 38 / Part 2 / Section 72-38-212
72-38-212 Additional notice
Status: in_force

72-38-212 . Additional notice. (1) The court may, on its own motion or on motion of a trustee or other person interested in the trust, require that further or additional notice be given at any stage of the proceeding. The court may prescribe the form and method of the notice to be given.

(2) A petitioner or other person required to give notice may cause notice to be given to any person interested in the trust without the need for a court order.
Mont. Code Ann. § 72-3-805 — MT Code / Title 72 / Chapter 3 / Part 8 / Section 72-3-805
72-3-805 Allowance and disallowance of claims -- interest on allowed claims
Status: in_force

72-3-805 . Allowance and disallowance of claims -- interest on allowed claims. (1) As to claims presented in the manner described in 72-3-804 within the time limit prescribed in 72-3-803 , the personal representative may mail a notice to any claimant stating that the claim has been disallowed. If, after allowing or disallowing a claim, the personal representative changes the decision concerning the claim, the personal representative shall notify the claimant. The personal representative may not change a disallowance of a claim after the time for the claimant to file a petition for allowance or to commence a proceeding on the claim has run and the claim has been barred. A claim that is disallowed in whole or in part by the personal representative is barred so far as it is not allowed unless the claimant files a petition for allowance in the court or commences a proceeding against the personal representative not later than 60 days after the mailing of the notice of disallowance or partial allowance if the notice warns the claimant of the impending bar. Failure of the personal representative to mail notice to a claimant of action on the claimant's claim for 60 days after the time for original presentation of the claim has expired has the effect of a notice of allowance.

(2) After allowing or disallowing a claim, the personal representative may change the allowance or disallowance as provided in this section. The personal representative may change the allowance to a disallowance, in whole or in part, prior to payment, but not after allowance by a court order or judgment or an order directing payment of the claim. The personal representative shall notify the claimant of the change to disallowance, and the disallowed claim is then subject to bar as provided in subsection (1). The personal representative may change a disallowance to an allowance, in whole or in part, until it is barred under subsection (1). After it is barred, it may be allowed and paid only if the estate is solvent and all successors whose interests would be affected consent.

(3) Upon the petition of the personal representative or of a claimant in a proceeding for the purpose, the court may allow, in whole or in part, any claim or claims presented to the personal representative or filed with the clerk of the court in due time and not barred by subsection (1). Notice in this proceeding must be given to the claimant, the personal representative, and those other persons interested in the estate that the court may direct by order entered at the time the proceeding is commenced.

(4) A judgment in a proceeding in another court against a personal representative to enforce a claim against a decedent's estate is an allowance of the claim.

(5) Unless otherwise provided in a judgment in another court entered against the personal representative, an allowed claim bears interest at the legal rate for the period commencing 60 days after the time for original presentation of the claim has expired unless based on a contract making a provision for interest, in which case the claim bears interest in accordance with that provision.
Mont. Code Ann. § 72-7-313 — MT Code / Title 72 / Chapter 7 / Part 3 / Section 72-7-313
72-7-313 Appointment to taker in default
Status: in_force

72-7-313 . Appointment to taker in default. If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to have been exercised and the appointee takes under the default clause.
Mont. Code Ann. § 72-3-802 — MT Code / Title 72 / Chapter 3 / Part 8 / Section 72-3-802
72-3-802 Statutes of limitations -- waiver -- suspension
Status: in_force

72-3-802 . Statutes of limitations -- waiver -- suspension. (1) Unless an estate is insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid.

(2) The running of any statute of limitations measured from some other event than death or the giving of notice to creditors is suspended during the 4 months following the decedent's death but resumes thereafter as to claims not barred pursuant to the sections which follow.

(3) For purposes of any statute of limitations, the proper presentation of a claim under 72-3-804 is equivalent to commencement of a proceeding on the claim.
Mont. Code Ann. § 72-5-426 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-426
72-5-426 Letters as evidence of transfer of assets -- recording
Status: in_force

72-5-426 . Letters as evidence of transfer of assets -- recording. (1) Letters of conservatorship are evidence of transfer of all assets of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets of the estate from the conservator to the protected person or the protected person's successors.

(2) Subject to the requirements of general statutes governing the filing or recordation of documents of title to land or other property, letters of conservatorship and orders terminating conservatorships may be filed or recorded to give record notice of title as between the conservator and the protected person.
Mont. Code Ann. § 72-39-213 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-213
72-39-213 Relief from liability and indemnification
Status: in_force

72-39-213 . Relief from liability and indemnification. (1) Except as otherwise provided in this section, a second-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument.

(2) A second-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised.

(3) A second-trust instrument may not reduce fiduciary liability in the aggregate.

(4) Subject to subsection (3), a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors, or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by law of this state other than this chapter.
Mont. Code Ann. § 72-17-106 — MT Code / Title 72 / Chapter 17 / Part 1 / Section 72-17-106
72-17-106 Statewide organ and tissue donation registry
Status: in_force

72-17-106 . Statewide organ and tissue donation registry. (1) The department of justice shall electronically transfer to the federally designated organ procurement organization all information that appears on the front of a driver's license, including the name, gender, date of birth, and most recent address of any person who obtains a driver's license and who volunteers to donate organs or tissue upon death, as provided in 61-5-301 . The department of justice may charge actual costs for the first transfer of information, as provided in subsection (5). However, all subsequent electronic transfers of donor information must be at no charge to the federally designated organ procurement organization.

(2) Information obtained by the federally designated organ procurement organization must be used for the purpose of establishing a statewide organ and tissue donation registry accessible to in-state, recognized cadaveric organ and cadaveric tissue agencies for the recovery or placement of organs and tissue and to procurement agencies in another state when a Montana resident is a donor of an anatomical gift and is not located in the state at the time of death or immediately before the death of the donor.

(3) An organ or tissue donation organization may not obtain information from the organ and tissue donation registry for the purpose of fundraising. Organ and tissue donation registry information may not be further disseminated unless authorized in this section or by federal law. Dissemination of organ and tissue donation registry information may be made by the organ procurement organization to a recognized, in-state procurement agency for other tissue recovery or to an out-of-state, federally designated organ procurement organization.

(4) The federally designated organ procurement organization may acquire donor information from sources other than the department of justice.

(5) All reasonable costs associated with the creation and maintenance of the organ and tissue donation registry, as determined by the department of justice, must be paid by the organ and tissue procurement organizations. Any money collected by the department of justice must be deposited in an account in the state special revenue fund established by the department of justice for the purpose of the payment of reasonable costs associated with the development and maintenance of the organ and tissue donation registry and necessary for the initial installation and setup for electronic transfer of the donor information.

(6) An individual does not need to participate in the organ and tissue donation registry to be a donor of organs or tissue. The registry is intended to facilitate organ and tissue donation and not inhibit persons from being donors upon death.
Mont. Code Ann. § 72-7-403 — MT Code / Title 72 / Chapter 7 / Part 4 / Section 72-7-403
72-7-403 Method of release
Status: in_force

72-7-403 . Method of release. A powerholder of a releasable power of appointment may release the power in whole or in part:

(1) by substantial compliance with a method provided in the terms of the instrument creating the power; or

(2) if the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by a writing manifesting the powerholder's intent by clear and convincing evidence.
Mont. Code Ann. § 72-38-410 — MT Code / Title 72 / Chapter 38 / Part 4 / Section 72-38-410
72-38-410 Modification or termination of trust -- proceedings for approval or disapproval
Status: in_force

72-38-410 . Modification or termination of trust -- proceedings for approval or disapproval. (1) In addition to the methods of termination prescribed by 72-38-411 through 72-38-414 , a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful, contrary to public policy, or impossible to achieve.

(2) A proceeding to approve or disapprove a proposed modification or termination under 72-38-411 through 72-38-416 or a trust combination or division under 72-38-417 may be commenced by a trustee or beneficiary, and a proceeding to approve or disapprove a proposed modification or termination under 72-38-411 may be commenced by the settlor. The settlor of a charitable trust may maintain a proceeding to modify the trust under 72-38-413 .
Mont. Code Ann. § 72-26-607 — MT Code / Title 72 / Chapter 26 / Part 6 / Section 72-26-607
72-26-607 Transfer by obligor
Status: in_force

72-26-607 . Transfer by obligor. (1) Subject to subsections (2) and (3), a person not subject to 72-26-605 or 72-26-606 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to 72-26-603 .

(2) If a person having the right to do so under 72-26-601 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.

(3) If no custodian has been nominated under 72-26-601 or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds $10,000 in value.
Mont. Code Ann. § 72-3-807 — MT Code / Title 72 / Chapter 3 / Part 8 / Section 72-3-807
72-3-807 Classification of claims as to priority of payment
Status: in_force

72-3-807 . Classification of claims as to priority of payment. (1) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:

(a) costs and expenses of administration;

(b) reasonable funeral expenses and reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent;

(c) federal estate and Montana state estate taxes;

(d) debt for a current support obligation and past-due support for the decedent's children pursuant to a support order as defined in 40-5-201 ;

(e) debts with preference under federal and Montana law;

(f) other federal and Montana state taxes;

(g) all other claims.

(2) A preference may not be given in the payment of any claim over any other claim of the same class, and a claim due and payable may not be entitled to a preference over claims not due.
Mont. Code Ann. § 72-34-446 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-446
72-34-446 Transactions in derivatives -- allocations of receipts and disbursements -- options to buy or sell property -- allocation of amounts received or paid
Status: in_force

72-34-446 . Transactions in derivatives -- allocations of receipts and disbursements -- options to buy or sell property -- allocation of amounts received or paid. (1) In this section, "derivative" means a contract or financial instrument or a combination of contracts and financial instruments that gives a trust the right or obligation to participate in some or all changes in the price of a tangible or intangible asset or group of assets or changes in a rate, an index of prices or rates, or other market indicator for an asset or a group of assets.

(2) To the extent that a trustee does not account under 72-34-435 for transactions in derivatives, the trustee shall allocate to principal receipts from and disbursements made in connection with those transactions.

(3) If a trustee grants an option to buy property from the trust, whether or not the trust owns the property when the option is granted, grants an option that permits another person to sell property to the trust, or acquires an option to buy property for the trust or an option to sell an asset owned by the trust and the trustee or other owner of the asset is required to deliver the asset if the option is exercised, an amount received for granting the option must be allocated to principal. An amount paid to acquire the option must be paid from principal. A gain or loss realized upon the exercise of an option, including an option granted to a settlor of the trust for services rendered, must be allocated to principal.
Mont. Code Ann. § 72-7-102 — MT Code / Title 72 / Chapter 7 / Part 1 / Section 72-7-102
72-7-102 Definitions
Status: in_force

72-7-102 . Definitions. As used in this chapter, the following definitions apply:

(1) "Appointee" means a person to which a powerholder makes an appointment of appointive property.

(2) "Appointive property" means the property or property interest subject to a power of appointment.

(3) "Blanket-exercise clause" means a clause in an instrument that exercises a power of appointment and is not a specific-exercise clause. The term includes a clause that:

(a) expressly uses the words "any power" in exercising any power of appointment the powerholder has;

(b) expressly uses the words "any property" in appointing any property over which the powerholder has a power of appointment; or

(c) disposes of all property subject to disposition by the powerholder.

(4) "Donor" means a person who creates a power of appointment.

(5) "Exclusionary power of appointment" means a power of appointment exercisable in favor of any one or more of the permissible appointees to the exclusion of the other permissible appointees.

(6) "General power of appointment" means a power of appointment exercisable in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.

(7) "Gift-in-default clause" means a clause identifying a taker in default of appointment.

(8) "Impermissible appointee" means a person who is not a permissible appointee.

(9) "Instrument" means a writing.

(10) "Nongeneral power of appointment" means a power of appointment that is not a general power of appointment.

(11) "Permissible appointee" means a person in whose favor a powerholder may exercise a power of appointment.

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

(13) "Power of appointment" means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. The term does not include a power of attorney.

(14) "Powerholder" means a person in whom a donor creates a power of appointment.

(15) "Presently exercisable power of appointment" means a power of appointment exercisable by the powerholder at the relevant time. The term:

(a) includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time only after:

(i) the occurrence of the specified event;

(ii) the satisfaction of the ascertainable standard; or

(iii) the passage of the specified time; and

(b) does not include a power exercisable only at the powerholder's death.

(16) "Specific-exercise clause" means a clause in an instrument that specifically refers to and exercises a particular power of appointment.

(17) "Taker in default of appointment" means a person who takes all or part of the appointive property to the extent the powerholder does not effectively exercise the power of appointment.

(18) "Terms of the instrument" means the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding.
Mont. Code Ann. § 72-5-222 — MT Code / Title 72 / Chapter 5 / Part 2 / Section 72-5-222
72-5-222 Court appointment of guardian of minor -- when allowed -- priority of testamentary appointment
Status: in_force

72-5-222 . Court appointment of guardian of minor -- when allowed -- priority of testamentary appointment. (1) The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or if parental rights have been suspended or limited by circumstances or prior court order.

(2) A guardian appointed by will as provided in 72-5-211 and 72-5-212 whose appointment has not been prevented or nullified under 72-5-213 has priority over any guardian who may be appointed by the court, but the court may proceed with an appointment upon a finding that the testamentary guardian has failed to accept the testamentary appointment within 30 days after notice of the guardianship proceeding.
Mont. Code Ann. § 72-4-101 — MT Code / Title 72 / Chapter 4 / Part 1 / Section 72-4-101
72-4-101 Definitions
Status: in_force

72-4-101 . Definitions. In this chapter, the following definitions apply:

(1) "Local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings described in chapter 3.

(2) "Local personal representative" includes any personal representative appointed in this state pursuant to appointment proceedings described in chapter 3 and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to 72-4-310 .

(3) "Resident creditor" means a person domiciled in or doing business in this state who is or could be a claimant against an estate of a nonresident decedent.
Mont. Code Ann. § 72-3-808 — MT Code / Title 72 / Chapter 3 / Part 8 / Section 72-3-808
72-3-808 Payment of claims
Status: in_force

72-3-808 . Payment of claims. (1) Upon the expiration of the earlier of the time limitations provided in 72-3-803 for the presentation of claims, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision for homestead, family, and support allowances, for claims already presented that have not yet been allowed or whose allowance has been appealed, and for unbarred claims that may yet be presented, including costs and expenses of administration.

(2) By petition to the court in a proceeding for the purpose or by appropriate motion if the administration is supervised, a claimant whose claim has been allowed but not paid as provided in this section may secure an order directing the personal representative to pay the claim to the extent that funds of the estate are available for the payment.

(3) The personal representative at any time may pay any just claim that has not been barred, with or without formal presentation, but the personal representative is personally liable to any other claimant whose claim is allowed and who is injured by the payment if:

(a) the payment was made before the expiration of the time limit stated in subsection (1) and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or

(b) the payment was made, due to the negligence or willful fault of the personal representative, in a manner that deprives the injured claimant of the claimant's priority.
Mont. Code Ann. § 72-38-809 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-809
72-38-809 Control and protection of trust property
Status: in_force

72-38-809 . Control and protection of trust property. A trustee shall take reasonable steps to take control of and protect the trust property.
Mont. Code Ann. § 72-26-601 — MT Code / Title 72 / Chapter 26 / Part 6 / Section 72-26-601
72-26-601 Nomination of custodian
Status: in_force

72-26-601 . Nomination of custodian. (1) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian, followed in substance by the words: "as custodian for ........ (name of minor) under the Montana Uniform Transfers to Minors Act". The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights that is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.

(2) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under 72-26-603 (1).

(3) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under 72-26-603 . Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to 72-26-603 .
Mont. Code Ann. § 72-34-451 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-451
72-34-451 Transfer from income to principal in anticipation of principal disbursement
Status: in_force

72-34-451 . Transfer from income to principal in anticipation of principal disbursement. (1) If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements.

(2) Principal disbursements to which subsection (1) applies include the following, but only to the extent that the trustee has not been and does not expect to be reimbursed by a third party:

(a) an amount chargeable to income but paid from principal because it is unusually large, including extraordinary repairs;

(b) a capital improvement to a principal asset, whether in the form of changes to an existing asset or the construction of a new asset, including special assessments;

(c) disbursements made to prepare property for rental, including tenant allowances, leasehold improvements, and broker's commissions;

(d) periodic payments on an obligation secured by a principal asset to the extent that the amount transferred from income to principal for depreciation is less than the periodic payments; and

(e) disbursements described in 72-34-449 (1)(g).

(3) If the asset whose ownership gives rise to the disbursements becomes subject to a successive income interest after an income interest ends, a trustee may continue to transfer amounts from income to principal as provided in subsection (1).
Mont. Code Ann. § 72-34-421 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-421
72-34-421 Short title
Status: in_force

72-34-421 . Short title. This part may be cited as the "Montana Uniform Principal and Income Act".
Mont. Code Ann. § 72-31-367 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-367
72-31-367 Effect on existing powers of attorney
Status: in_force

72-31-367 . Effect on existing powers of attorney. Except as otherwise provided in this part, on October 1, 2011:

(1) this part applies to a power of attorney created before, on, or after October 1, 2011, unless it is a health care power of attorney;

(2) this part applies to a judicial proceeding concerning a power of attorney commenced on or after October 1, 2011, unless it is a health care power of attorney;

(3) this part applies to a judicial proceeding concerning a power of attorney commenced before October 1, 2011, unless the court finds that application of a provision of this part would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and

(4) an act done before October 1, 2011, is not affected by this part.
Mont. Code Ann. § 72-6-304 — MT Code / Title 72 / Chapter 6 / Part 3 / Section 72-6-304
72-6-304 Origination of registration in beneficiary form
Status: in_force

72-6-304 . Origination of registration in beneficiary form. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
Mont. Code Ann. § 72-31-303 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-303
72-31-303 Applicability
Status: in_force

72-31-303 . Applicability. This part applies to all powers of attorney except:

(1) a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;

(2) a power to make health care decisions;

(3) a proxy or other delegation to exercise voting rights or management rights with respect to an entity; and

(4) a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.
Mont. Code Ann. § 72-3-618 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-618
72-3-618 Persons dealing with personal representative -- protection
Status: in_force

72-3-618 . Persons dealing with personal representative -- protection. (1) A person who in good faith and without notice either assists a personal representative or deals with a personal representative for value is protected as if the personal representative properly exercised the personal representative's power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives that are endorsed on letters as provided in 72-3-404 , a provision in any will or order of court purporting to limit the power of a personal representative is not effective except as to persons with actual knowledge of the provision.

(2) A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative.

(3) The protection expressed in this section extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection expressed in 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. § 72-3-601 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-601
72-3-601 Time of accrual of duties and powers -- power of executor prior to appointment -- ratification
Status: in_force

72-3-601 . Time of accrual of duties and powers -- power of executor prior to appointment -- ratification. (1) The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed that are beneficial to the estate occurring prior to appointment the same effect as those occurring after appointment.

(2) Prior to appointment, a person named executor in a will may carry out written instructions of the decedent relating to the decedent's body, funeral, and burial arrangements.

(3) A personal representative may ratify and accept acts on behalf of the estate done by others when the acts would have been proper for a personal representative.
Mont. Code Ann. § 72-15-206 — MT Code / Title 72 / Chapter 15 / Part 2 / Section 72-15-206
72-15-206 Monthly settlement of accounts
Status: in_force

72-15-206 . Monthly settlement of accounts. The public administrator is required to account and to settle and adjust the public administrator's accounts relating to the care and disbursement of money or property belonging to estates in the public administrator's hands with the clerk of the district court on the first Monday of each month, and the public administrator shall pay to the county treasurer any money remaining in the public administrator's hands of an estate unclaimed.
Mont. Code Ann. § 72-5-408 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-408
72-5-408 Procedure concerning hearing and order on original petition
Status: in_force

72-5-408 . Procedure concerning hearing and order on original petition. (1) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for hearing on the matters alleged in the petition. If at any time in the proceeding the court determines that the interests of the minor are or may be inadequately represented, the court may 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 minor.

(2) Upon receipt of a petition for appointment of a conservator or other protective order for reasons other than minority, the court shall set a date for hearing. Unless the person to be protected has counsel of the person's own choice, the court shall order the office of state public defender to assign counsel to represent the person pursuant to the Montana Public Defender Act, Title 47, chapter 1. If the alleged disability is mental illness or mental deficiency, the court may direct that the person to be protected be examined by a physician or professional person as defined in 53-21-102 designated by the court. If the alleged disability is physical illness or disability, advanced age, chronic use of drugs, or chronic intoxication, the court may direct that the person to be protected be examined by a physician designated by the court. It is preferable that a physician designated by the court not be connected with any institution in which the person is a patient or is detained. The court may send a visitor to interview the person to be protected. The visitor may be a guardian ad litem or an officer or employee of the court.

(3) In the case of an appointment pursuant to 72-5-410 (1)(h), the court shall direct that the person to be protected be examined by a physician as set forth in subsection (2).

(4) After hearing, upon finding that a basis for the appointment of a conservator or other protective order has been established, the court shall make an appointment or other appropriate protective order.
Mont. Code Ann. § 72-31-336 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-336
72-31-336 Authority that requires specific grant -- grant of general authority
Status: in_force

72-31-336 . Authority that requires specific grant -- grant of general authority. (1) An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:

(a) create, amend, revoke, or terminate an inter vivos trust;

(b) make a gift;

(c) create or change rights of survivorship;

(d) create or change a beneficiary designation;

(e) delegate authority granted under the power of attorney;

(f) waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;

(g) exercise fiduciary powers that the principal has authority to delegate; or

(h) disclaim property, including a power of appointment.

(2) Notwithstanding a grant of authority to do an act described in subsection (1), unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, or descendant of the principal may not exercise authority under a power of attorney to create in the agent or in an individual to whom the agent owes a legal obligation of support an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.

(3) Subject to subsections (1), (2), (4), and (5), if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in 72-31-339 through 72-31-351 .

(4) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to 72-31-352 .

(5) Subject to subsections (1), (2), and (4), if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.

(6) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.

(7) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.
Mont. Code Ann. § 72-38-805 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-805
72-38-805 Costs of administration
Status: in_force

72-38-805 . Costs of administration. In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee.
Mont. Code Ann. § 72-38-216 — MT Code / Title 72 / Chapter 38 / Part 2 / Section 72-38-216
72-38-216 Request for special notice
Status: in_force

72-38-216 . Request for special notice. (1) If proceedings involving a trust are pending, a beneficiary of the trust may, in person or by attorney, serve on the trustee or the trustee's attorney and file with the court clerk where the proceedings are pending a written request stating that the beneficiary desires special notice of the filing of all pleadings in the proceeding relating to any or all of the purposes described in 72-38-213 and giving an address for receiving notice by mail. Proof of service of the request on the trustee must be filed with the court clerk when the request is filed.

(2) Except as provided in subsection (3), after serving and filing a request and proof of service pursuant to subsection (1), the beneficiary is entitled to notice pursuant to 72-38-209 .

(3) A request for special notice made by a beneficiary whose right to notice is restricted by 72-38-603 is not effective.
Mont. Code Ann. § 72-2-906 — MT Code / Title 72 / Chapter 2 / Part 9 / Section 72-2-906
72-2-906 Effect of certificate
Status: in_force

72-2-906 . Effect of certificate. In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this part. The absence or irregularity of a certificate does not affect the formal validity of a will under this part.
Mont. Code Ann. § 72-1-312 — MT Code / Title 72 / Chapter 1 / Part 3 / Section 72-1-312
72-1-312 Attorney signature -- pleadings
Status: in_force

72-1-312 . Attorney signature -- pleadings. In addition to the verification required by 25-4-203 and 72-1-310 , every application and other pleading filed in connection with any probate proceeding must be signed by the attorney of the person filing the pleading if the person is represented by an attorney. The verification must be made by the person executing or filing the document with the court as provided in 72-1-310 .
Mont. Code Ann. § 72-30-210 — MT Code / Title 72 / Chapter 30 / Part 2 / Section 72-30-210
72-30-210 Delegation of management and investment functions
Status: in_force

72-30-210 . Delegation of management and investment functions. (1) Subject to any specific limitation set forth in a gift instrument, in an instrument of donor intent, or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:

(a) selecting an agent;

(b) establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and

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

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

(3) An institution that complies with subsection (1) is not liable for the decisions or actions of an agent to which the function was delegated.

(4) By accepting delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function.

(5) An institution may delegate management and investment functions to its committees, officers, or employees as authorized by law of this state other than this chapter.
Mont. Code Ann. § 72-6-309 — MT Code / Title 72 / Chapter 6 / Part 3 / Section 72-6-309
72-6-309 Nontestamentary transfer on death
Status: in_force

72-6-309 . Nontestamentary transfer on death. (1) A transfer on death, resulting from a registration in beneficiary form, is effective by reason of the contract regarding the registration between the owner and the registering entity and this part and is not testamentary.

(2) This part does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.
Mont. Code Ann. § 72-31-415 — MT Code / Title 72 / Chapter 31 / Part 4 / Section 72-31-415
72-31-415 Custodian compliance and immunity
Status: in_force

72-31-415 . Custodian compliance and immunity. (1) Not later than 60 days after receipt of the information required under 72-31-406 through 72-31-414 , a custodian shall comply with a request under this part from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.

(2) An order under subsection (1) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. 2702, as amended.

(3) A custodian may notify the user that a request for disclosure or to terminate an account was made under this part.

(4) A custodian may deny a request under this part from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.

(5) This part does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this part to obtain a court order which:

(a) specifies that an account belongs to the protected person or principal;

(b) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and

(c) contains a finding required by law other than this part.

(6) (a) Except as provided in subsection (6)(b), a custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this part.

(b) The immunity in subsection (6)(a) does not apply to actions against the state or a political subdivision of the state.
Mont. Code Ann. § 72-5-438 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-438
72-5-438 Accounts -- final and intermediate
Status: in_force

72-5-438 . Accounts -- final and intermediate. (1) Each conservator shall account to the court for administration of the trust not less than annually, unless the court directs otherwise, upon resignation or removal, and at other times as the court may direct. On termination of the protected person's minority or disability, a conservator shall account to the court or to the formerly protected person or the successors of that person.

(2) Subject to appeal or vacation within the time permitted, an order, after notice and hearing, allowing an intermediate account of a conservator adjudicates as to liabilities concerning the matters considered in connection with the hearing; and an order, following notice and hearing, allowing a final account adjudicates as to all previously unsettled liabilities of the conservator to the protected person or the protected person's successors relating to the conservatorship.

(3) In connection with any account, the court may require a conservator to submit to a physical check of the estate, to be made in any manner the court specifies.
Mont. Code Ann. § 72-40-101 — MT Code / Title 72 / Chapter 40 / Part 1 / Section 72-40-101
72-40-101 Short title
Status: in_force

72-40-101 . Short title. This part may be cited as the "Uniform Directed Trust Act".
Mont. Code Ann. § 72-34-438 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-438
72-34-438 Interest on obligation to pay money -- allocation
Status: in_force

72-34-438 . Interest on obligation to pay money -- allocation. (1) An amount received as interest, whether determined at a fixed, variable, or floating rate, on an obligation to pay money to the trustee, including an amount received as consideration for prepaying principal, must be allocated to income without any provision for amortization of premium.

(2) An amount received from the sale, redemption, or other disposition of an obligation to pay money to the trustee more than 1 year after it is purchased or acquired by the trustee, including an obligation whose purchase price or its value when it is otherwise acquired is less than its value at maturity, must be allocated to principal. If the obligation matures within 1 year after it is purchased or acquired by the trustee, an amount received in excess of its purchase price or its value when it is otherwise acquired must be allocated to income.

(3) This section does not apply to an obligation to which 72-34-441 , 72-34-442 , 72-34-443 , 72-34-444 , 72-34-446 , or 72-34-447 applies.
Mont. Code Ann. § 72-31-348 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-348
72-31-348 Personal and family maintenance
Status: in_force

72-31-348 . Personal and family maintenance. (1) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:

(a) perform the acts necessary to maintain the customary standard of living of the principal and the following individuals, whether living when the power of attorney is executed or later born:

(i) the principal's children;

(ii) other individuals legally entitled to be supported by the principal; and

(iii) the individuals whom the principal has customarily supported or indicated the intent to support;

(b) make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;

(c) provide living quarters for the individuals described in subsection (1)(a) by:

(i) purchase, lease, or other contract; or

(ii) paying the operating costs, including interest, amortization payments, repairs, and taxes, on premises owned by the principal or occupied by those individuals;

(d) provide for normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in subsection (1)(a);

(e) pay expenses for necessary health care and custodial care for the individuals described in subsection (1)(a);

(f) 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, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal;

(g) continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in subsection (1)(a);

(h) maintain credit and debit accounts for the convenience of the individuals described in subsection (1)(a) and open new accounts; and

(i) continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or continue contributions to those organizations.

(2) Authority with respect to personal and family maintenance is neither dependent upon nor limited by authority that an agent may or may not have with respect to gifts under this part.
Mont. Code Ann. § 72-11-102 — MT Code / Title 72 / Chapter 11 / Part 1 / Section 72-11-102
72-11-102 Types of kinship -- lineal and collateral
Status: in_force

72-11-102 . Types of kinship -- lineal and collateral. There are two types of kinship, lineal and collateral. Lineal kinship, or the direct line of consanguinity, is the relationship between persons, one of whom is a descendant of the other. Collateral kinship is the relationship between people who descend from a common ancestor but are not in a direct line.
Mont. Code Ann. § 72-2-114 — MT Code / Title 72 / Chapter 2 / Part 1 / Section 72-2-114
72-2-114 Requirement that heir survive decedent for 120 hours
Status: in_force

72-2-114 . Requirement that heir survive decedent for 120 hours. An individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly. If it is not established by clear and convincing evidence that an individual who would otherwise be an heir survived the decedent by 120 hours, it is deemed that the individual failed to survive for the required period. This section is not to be applied if its application would result in a taking of intestate estate by the state under 72-2-115 .
Mont. Code Ann. § 72-3-402 — MT Code / Title 72 / Chapter 3 / Part 4 / Section 72-3-402
72-3-402 Petition and order
Status: in_force

72-3-402 . Petition and order. (1) A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the prayer for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the priority and qualification of any personal representative have not been adjudicated previously, the petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding and the notice requirements and procedures applicable to a formal testacy proceeding apply. If not previously adjudicated, the court shall adjudicate the testacy of the decedent and questions relating to the priority and qualifications of the personal representative in any case involving a request for supervised administration, even though the request for supervised administration may be denied.

(2) After notice to interested persons, the court shall order supervised administration of a decedent's estate:

(a) if the decedent's will directs supervised administration, unless the court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that there is no necessity for supervised administration;

(b) only upon a finding that it is necessary for protection of persons interested in the estate if the decedent's will directs unsupervised administration; or

(c) in other cases if the court finds that supervised administration is necessary under the circumstances.
Mont. Code Ann. § 72-17-215 — MT Code / Title 72 / Chapter 17 / Part 2 / Section 72-17-215
72-17-215 Authorization by coroner or local public health official
Status: in_force

72-17-215 . Authorization by coroner or local public health official. (1) The coroner may release and permit the removal of a part from a body within that official's custody, for transplantation or therapy, if:

(a) the official has received a request for the part from a hospital, physician, surgeon, or procurement organization;

(b) the official has made a reasonable effort, taking into account the useful life of the part, to locate and examine the decedent's medical records and inform persons listed in 72-17-214 (1) of their option to make, or object to making, an anatomical gift;

(c) the official does not know of a refusal or contrary indication by the decedent or objection by a person having priority to act as listed in 72-17-214 (1);

(d) the removal will be by a physician, surgeon, or technician; but in the case of eyes, by one of them or by an enucleator;

(e) the removal will not interfere with any autopsy or investigation;

(f) the removal will be in accordance with accepted standards; and

(g) cosmetic restoration will be done, if appropriate.

(2) If the body is not within the custody of the coroner, the local public health officer may release and permit the removal of any part from a body in the local public health officer's custody for transplantation or therapy if the requirements of subsection (1) are met.

(3) An official releasing and permitting the removal of a part shall maintain a permanent record of the name of the decedent, the person making the request, the date and purpose of the request, the part requested, and the person to whom it was released.
Mont. Code Ann. § 72-3-904 — MT Code / Title 72 / Chapter 3 / Part 9 / Section 72-3-904
72-3-904 Distribution in kind -- evidence of title
Status: in_force

72-3-904 . Distribution in kind -- evidence of title. If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.
Mont. Code Ann. § 72-2-238 — MT Code / Title 72 / Chapter 2 / Part 2 / Section 72-2-238
72-2-238 Exclusions, valuation, and overlapping application
Status: in_force

72-2-238 . Exclusions, valuation, and overlapping application. (1) The value of any property is excluded from the decedent's nonprobate transfers to others:

(a) to the extent the decedent received adequate and full consideration in money or money's worth for a transfer of the property;

(b) if the property was transferred with the written joinder of, or if the transfer was consented to in writing before or after the transfer by, the surviving spouse; or

(c) if the property is life insurance or accident insurance payable to persons other than the decedent's surviving spouse or the decedent's estate.

(2) The value of property:

(a) included in the augmented estate under 72-2-235 , 72-2-236 , or 72-2-237 is reduced in each category by enforceable claims against the included property; and

(b) includes the commuted value of any present or future interest and the commuted value of amounts payable under any trust, life insurance settlement option, annuity contract, public or private pension, disability compensation, death benefit or retirement plan, or any similar arrangement, exclusive of the federal social security system. The commuted value of life and term interests in income, annuity, or unitrust amount must be determined in accordance with U.S. treasury regulations for internal revenue purposes in effect at the time of the decedent's death.

(3) In case of overlapping application to the same property of 72-2-235 , 72-2-236 , or 72-2-237 , the property is included in the augmented estate under the provision yielding the greatest value, and under only one overlapping provision if they all yield the same value.
Mont. Code Ann. § 72-7-407 — MT Code / Title 72 / Chapter 7 / Part 4 / Section 72-7-407
72-7-407 Remedy for breach of contract to appoint or not to appoint
Status: in_force

72-7-407 . Remedy for breach of contract to appoint or not to appoint. The remedy for a powerholder's breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.
Mont. Code Ann. § 72-38-402 — MT Code / Title 72 / Chapter 38 / Part 4 / Section 72-38-402
72-38-402 Requirements for creation
Status: in_force

72-38-402 . Requirements for creation. (1) A trust is created only if:

(a) the settlor has capacity to create a trust;

(b) the settlor indicates an intention to create the trust;

(c) the trust has a definite beneficiary or is:

(i) a charitable trust;

(ii) a trust for the care of an animal, as provided in 72-38-408 ; or

(iii) a trust for a noncharitable purpose, as provided in 72-38-409 ;

(d) the trustee has duties to perform; and

(e) the same person is not the sole trustee and sole beneficiary.

(2) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.

(3) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.

(4) A conservation easement created or conveyed under Title 76, chapter 6, does not create a charitable trust unless the settlor expresses a clear intention in the conservation easement instrument to create or convey the conservation easement as a charitable trust.
Mont. Code Ann. § 72-2-820 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-820
72-2-820 Sections supplemented by other law
Status: in_force

72-2-820 . Sections supplemented by other law. (1) Unless displaced by a provision of 72-2-817 through 72-2-833 , the principles of law and equity supplement 72-2-817 through 72-2-833 .

(2) Sections 72-2-817 through 72-2-833 do not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than 72-2-817 through 72-2-833 .
Mont. Code Ann. § 72-6-410 — MT Code / Title 72 / Chapter 6 / Part 4 / Section 72-6-410
72-6-410 Revocation by instrument authorized -- revocation by act not permitted
Status: in_force

72-6-410 . Revocation by instrument authorized -- revocation by act not permitted. (1) Subject to subsection (2), an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:

(a) is one of the following:

(i) a transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;

(ii) an instrument of revocation that expressly revokes the deed or part of the deed;

(iii) an inter vivos deed that expressly revokes the transfer on death deed or part of the deed; and

(b) is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor's death in the public records in the office of the county clerk and recorder of the county where the deed is recorded.

(2) If a transfer on death deed is made by more than one transferor:

(a) revocation by a transferor does not affect the deed as to the interest of another transferor; and

(b) a deed of joint owners is revoked only if it is revoked by all of the living joint owners.

(3) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.

(4) This section does not limit the effect of an inter vivos transfer of the property, which revokes any prior transfer on death deed to the property.
Mont. Code Ann. § 72-1-302 — MT Code / Title 72 / Chapter 1 / Part 3 / Section 72-1-302
72-1-302 Waiver of notice
Status: in_force

72-1-302 . Waiver of notice. A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by the person or the person's attorney and filed in the proceeding. A person for whom a guardianship or other protective order is sought, a ward, or a protected person may not waive notice.
Mont. Code Ann. § 72-2-832 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-832
72-2-832 Application to existing relationships
Status: in_force

72-2-832 . Application to existing relationships. Except as otherwise provided in 72-2-829 , an interest in or power over property existing on October 1, 2019, as to which the time for delivering or filing a disclaimer under law superseded by 72-2-817 through 72-2-833 has not expired may be disclaimed after October 1, 2019.
Mont. Code Ann. § 72-15-304 — MT Code / Title 72 / Chapter 15 / Part 3 / Section 72-15-304
72-15-304 Adjustment of compensation
Status: in_force

72-15-304 . Adjustment of compensation. The court shall determine and allow the predecessor in office for services rendered in connection with estates not closed a compensation based upon the commission prescribed and allowed by law in proportion to the services necessarily rendered and those necessary to be rendered by the successor in closing up estates. The successor must be allowed and paid the balance of the commission allowed.