Mont. Code Ann. § 72-38-211 — MT Code / Title 72 / Chapter 38 / Part 2 / Section 72-38-211
72-38-211 Pleadings -- when orders or notice binding one binds another -- representation
Status: in_force

72-38-211 . Pleadings -- when orders or notice binding one binds another -- representation. In proceedings involving trusts, the following apply:

(1) Interests to be affected must be described in pleadings that give reasonable information to owners by name or class, by reference to the instrument creating the interests, or in other appropriate manner.

(2) Persons are bound by orders binding others in the following cases:

(a) Orders binding the sole holder or all coholders of a power of revocation or a presently exercisable general power of appointment, including one in the form of a power of amendment, bind other persons to the extent their interests, as objects, takers in default, or otherwise, are subject to the power.

(b) (i) To the extent there is no conflict of interest between them or among persons represented, orders binding a:

(A) conservator bind the person whose estate the conservator controls;

(B) guardian bind the ward if a conservator of the ward's estate has not been appointed;

(C) trustee bind beneficiaries of the trust in proceedings establishing or adding to a trust, to review the acts or accounts of a prior fiduciary, and in proceedings involving creditors or other third parties; and

(D) personal representative bind persons interested in the undistributed assets of a decedent's estate in actions or proceedings by or against the estate.

(ii) If there is no conflict of interest and a conservator or guardian has not been appointed, a parent may represent the parent's minor child.

(c) An unborn or unascertained person who is not otherwise represented is bound by an order to the extent the person's interest is adequately represented by another party having a substantially identical interest in the proceeding.

(3) Notice is required as follows:

(a) Notice as prescribed by 72-38-209 must be given to every interested person or to one who can bind an interested person as described in subsection (2)(a) or (2)(b). Notice may be given both to a person and to another who may bind the person.

(b) Notice is given to unborn or unascertained persons who are not represented under subsection (2)(a) or (2)(b) by giving notice to all known persons whose interests in the proceedings are substantially identical to those of the unborn or unascertained persons.

(4) At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a minor, an incapacitated, unborn, or unascertained person, or a person whose identity or address is unknown if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to represent several persons or interests. The court shall set out its reasons for appointing a guardian ad litem as a part of the record of the proceeding. The guardian ad litem is entitled to reasonable compensation and to costs and expenses, including attorney fees.

(5) The notice for a petition and hearing requesting the court to settle reports or pass upon the acts of the trustee or that otherwise may affect substantive property rights of a beneficiary or other interested party must state that fact in the notice and must further state that failure to appear and object bars any further claims against the trustee relating to the subject matter of the petition.
Mont. Code Ann. § 72-38-210 — MT Code / Title 72 / Chapter 38 / Part 2 / Section 72-38-210
72-38-210 Waiver of notice
Status: in_force

72-38-210 . 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.
Mont. Code Ann. § 72-2-821 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-821
72-2-821 Power to disclaim -- general requirements -- when revocable
Status: in_force

72-2-821 . Power to disclaim -- general requirements -- when revocable. (1) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.

(2) Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of this state or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.

(3) To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in 72-2-828 . In this subsection:

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

(b) "signed" means, with present intent to authenticate or adopt a record, to:

(i) execute or adopt a tangible symbol; or

(ii) attach to or logically associate with the record an electronic sound, symbol, or process.

(4) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.

(5) A disclaimer becomes irrevocable when it is delivered or filed pursuant to 72-2-828 or when it becomes effective as provided in 72-2-822 through 72-2-827 , whichever occurs later.

(6) A disclaimer made under 72-2-817 through 72-2-833 is not a transfer, assignment, or release.
Mont. Code Ann. § 72-38-507 — MT Code / Title 72 / Chapter 38 / Part 5 / Section 72-38-507
72-38-507 Personal obligations of trustee
Status: in_force

72-38-507 . Personal obligations of trustee. Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.
Mont. Code Ann. § 72-5-429 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-429
72-5-429 Distribution upon attainment of majority, termination of disability, or death of protected person
Status: in_force

72-5-429 . Distribution upon attainment of majority, termination of disability, or death of protected person. (1) When a minor who has not been adjudged disabled under 72-5-409 (2) attains majority, the minor's conservator, after meeting all prior claims and expenses of administration, shall pay over and distribute all funds and properties to the former protected person as soon as possible.

(2) When the conservator is satisfied that a protected person's disability, other than minority, has ceased, the conservator, after meeting all prior claims and expenses of administration, shall pay over and distribute all funds and properties to the former protected person as soon as possible.

(3) If a protected person dies, the conservator shall deliver to the court for safekeeping any will of the deceased protected person that may have come into the conservator's possession, inform the executor or a beneficiary named in the will that the conservator has done so, and retain the estate for delivery to a duly appointed personal representative of the decedent or other persons entitled to the estate. If after 40 days from the death of the protected person no other person has been appointed personal representative and no application or petition for appointment is before the court, the conservator may apply to exercise the powers and duties of a personal representative so that the conservator may proceed to administer and distribute the decedent's estate without additional or further appointment. Upon application for an order granting the powers of a personal representative to a conservator and after notice to any person demanding notice under 72-3-106 and to any person nominated executor in any will of which the applicant is aware, the court may order the conferral of the power upon determining that there is no objection and endorse the letters of the conservator to note that the formerly protected person is deceased and that the conservator has acquired all of the powers and duties of a personal representative. The making and entry of an order under this section has the effect of an order of appointment of a personal representative as provided in 72-3-222 , 72-3-223 (1), and parts 5 through 10 of chapter 3, except that the estate in the name of the conservator, after administration, may be distributed to the decedent's successors without prior retransfer to the conservator as personal representative.
Mont. Code Ann. § 72-38-826 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-826
72-38-826 Disposition of property upon termination of a charitable trust, private foundation, or split-interest trust
Status: in_force

72-38-826 . Disposition of property upon termination of a charitable trust, private foundation, or split-interest trust. At the termination of a charitable trust, private foundation organized as a trust, or any other trust described in section 501(c)(3) of the Internal Revenue Code, the trust property must be distributed for one or more exempt purposes or to organizations that are organized and operated exclusively for exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code or must be distributed to the federal government or to a state or local government for a public purpose. At the termination of a split-interest trust, the charitable portion of the trust property must be distributed to one or more organizations described in sections 170(c), 2055(a), and 2522(a) of the Internal Revenue Code.
Mont. Code Ann. § 72-3-613 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-613
72-3-613 Transactions authorized for personal representative
Status: in_force

72-3-613 . Transactions authorized for personal representative. Except as restricted by this code or otherwise provided by the will or by an order in a formal proceeding and subject to the priorities stated in 72-3-901 , a personal representative, acting reasonably for the benefit of the interested persons, may properly:

(1) retain assets owned by the decedent pending distribution or liquidation, including those in which the representative is personally interested or which are otherwise improper for trust investment;

(2) receive assets from fiduciaries or other sources;

(3) perform, compromise, or refuse performance of the decedent's contracts that continue as obligations of the estate, as the personal representative may determine under the circumstances. In performing enforceable contracts by the decedent to convey or lease land, the personal representative, among other possible courses of action, may:

(a) execute and deliver a deed of conveyance for cash payment of all sums remaining due or the purchaser's note for the sum remaining due secured by a mortgage or deed of trust on the land; or

(b) deliver a deed in escrow with directions that the proceeds, when paid in accordance with the escrow agreement, be paid to the successors of the decedent, as designated in the escrow agreement;

(4) satisfy written charitable pledges of the decedent irrespective of whether the pledges constituted binding obligations of the decedent or were properly presented as claims, if in the judgment of the personal representative the decedent would have wanted the pledges completed under the circumstances;

(5) if funds are not needed to meet debts and expenses currently payable and are not immediately distributable, deposit or invest liquid assets of the estate, including money received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable secured loan arrangements, or other prudent investments that would be reasonable for use by trustees generally. If the personal representative is authorized to invest funds in United States obligations, the personal representative may invest in these obligations either directly or in the form of securities of or other interests in an open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 through 80a-64), as amended, if:

(a) the portfolio of the investment company or investment trust is limited to United States government obligations and repurchase agreements fully collateralized by United States government obligations; and

(b) the investment company or investment trust takes delivery of the collateral for any repurchase agreement, either directly or through an authorized custodian.

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

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

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

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

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

(11) abandon property when in the opinion of the personal representative it is valueless or is so encumbered or is in condition that it is of no benefit to the estate;

(12) vote stocks or other securities in person or by general or limited proxy;

(13) pay calls, assessments, and other sums chargeable or accruing against or on account of securities, unless barred by the provisions relating to claims;

(14) hold a security in the name of a nominee or in other form without disclosure of the interest of the estate, but the personal representative is liable for any act of the nominee in connection with the security so held;

(15) insure the assets of the estate against damage, loss, and liability and the personal representative against liability as to third persons;

(16) borrow money with or without security to be repaid from the estate assets or otherwise and advance money for the protection of the estate;

(17) effect a fair and reasonable compromise with any debtor or obligor or extend, renew, or in any manner modify the terms of any obligation owing to the estate. If the personal representative holds a mortgage, pledge, or other lien upon property of another person, the personal representative may, in lieu of foreclosure, accept a conveyance or transfer of encumbered assets from the owner thereof in satisfaction of the indebtedness secured by lien.

(18) pay taxes, assessments, compensation of the personal representative, and other expenses incident to the administration of the estate;

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

(20) allocate items of income or expense to either estate income or principal, as permitted or provided by law;

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

(22) prosecute or defend claims or proceedings in any jurisdiction for the protection of the estate and of the personal representative in the performance of the personal representative's duties;

(23) sell, mortgage, or lease any real or personal property of the estate or any interest therein for cash, credit, or for part cash and part credit and with or without security for unpaid balances;

(24) continue any unincorporated business or venture in which the decedent was engaged at the time of death in the same business form, including a sole proprietorship, partnership, or limited liability company, unless otherwise ordered by the court in a formal proceeding initiated by an interested person on the basis that continuation of the business is not in the best interests of the estate or its beneficiaries;

(25) incorporate any business or venture in which the decedent was engaged at the time of death;

(26) satisfy and settle claims and distribute the estate as provided in this code.
Mont. Code Ann. § 72-38-217 — MT Code / Title 72 / Chapter 38 / Part 2 / Section 72-38-217
72-38-217 Request for copy of petition
Status: in_force

72-38-217 . Request for copy of petition. If a trustee or beneficiary has served and filed either a notice of appearance, in person or by counsel, directed to the petitioner or the petitioner's counsel in connection with a particular petition and proceeding or a written request for a copy of the petition and has given an address to which notice or a copy of the petition may be mailed or delivered, the petitioner shall mail a copy of the petition to the trustee or beneficiary within 5 days after service of the notice of appearance or receipt of the request.
Mont. Code Ann. § 72-6-417 — MT Code / Title 72 / Chapter 6 / Part 4 / Section 72-6-417
72-6-417 Prior executed and recorded beneficiary deed
Status: in_force

72-6-417 . Prior executed and recorded beneficiary deed. Any beneficiary deed that was executed and recorded prior to October 1, 2019, and which complied with the law in effect when it was recorded, shall be deemed to be a transfer on death deed for the purposes of this part.
Mont. Code Ann. § 72-31-353 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-353
72-31-353 Statutory form power of attorney
Status: in_force

72-31-353 . Statutory form power of attorney. A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this part.

MONTANA STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act, Title 72, chapter 31, part 3.

This power of attorney does not authorize the agent to make health care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a coagent in the Special Instructions. Coagents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

DESIGNATION OF AGENT

I .........................................................

(Name of Principal)

name the following person as my agent:

Name of Agent: .........................................

Agent's Address:........................................

Agent's Telephone Number:...............................

DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

If my agent is unable or unwilling to act for me, I name as my successor agent:

Name of Successor Agent:................................

Successor Agent's Address:..............................

Successor Agent's Telephone Number:.....................

If my successor agent is unable or unwilling to act for me, I name as my second successor agent:

Name of Second Successor Agent:..........................

Second Successor Agent's Address:........................

Second Successor Agent's Telephone Number:................

GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act, Title 72, chapter 31, part 3:

(INITIAL each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may initial "All Preceding Subjects" instead of initialing each subject.)

(...) Real Property

(...) Tangible Personal Property

(...) Stocks and Bonds

(...) Commodities and Options

(...) Banks and Other Financial Institutions

(...) Operation of Entity or Business

(...) Insurance and Annuities

(...) Estates, Trusts, and Other Beneficial Interests

(...) Claims and Litigation

(...) Personal and Family Maintenance

(...) Benefits from Governmental Programs or Civil or Military Service

(...) Retirement Plans

(...) Taxes

(...) All Preceding Subjects

LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines: .................................................................

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

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

EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

NOMINATION OF CONSERVATOR OR GUARDIAN (OPTIONAL)

If it becomes necessary for a court to appoint a conservator or guardian of my estate or guardian of my person, I nominate the following person(s) for appointment:

Name of Nominee for conservator or guardian of my estate: ...............................................................

Nominee's Address:.............................................

Nominee's Telephone Number:....................................

Name of Nominee for guardian of my person: ......................

Nominee's Address: .............................................

Nominee's Telephone Number: ....................................

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

SIGNATURE AND ACKNOWLEDGMENT

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

Your Signature Date

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

Your Name Printed

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

Your Address

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

Your Telephone Number

State of ..................................

County of................................

This document was acknowledged before me on

........................,

(Date)

by.....................................

(Name of Principal)

..................... (Seal, if any)

Signature of Notary

My commission expires:........................

This document prepared by:

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

IMPORTANT INFORMATION FOR AGENT

Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;

(2) act in good faith;

(3) do nothing beyond the authority granted in this power of attorney; and

(4) disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner: (Principal's Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) act loyally for the principal's benefit;

(2) avoid conflicts that would impair your ability to act in the principal's best interest;

(3) act with care, competence, and diligence;

(4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

(6) attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) death of the principal;

(2) the principal's revocation of the power of attorney or your authority;

(3) the occurrence of a termination event stated in the power of attorney;

(4) the purpose of the power of attorney is fully accomplished; or

(5) if you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act, Title 72, chapter 31, part 3. If you violate the Uniform Power of Attorney Act, Title 72, chapter 31, part 3, or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.
Mont. Code Ann. § 72-38-902 — MT Code / Title 72 / Chapter 38 / Part 9 / Section 72-38-902
72-38-902 Standard of care -- investments and management -- considerations
Status: in_force

72-38-902 . Standard of care -- investments and management -- considerations. (1) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.

(2) A trustee's investment and management decisions respecting individual assets and courses of action must be evaluated not in isolation, but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust.

(3) Among circumstances that are appropriate to consider in investing and managing trust assets are the following, to the extent relevant to the trust or its beneficiaries:

(a) general economic conditions;

(b) the possible effect of inflation or deflation;

(c) the expected tax consequences of investment decisions or strategies;

(d) the role that each investment or course of action plays within the overall trust portfolio;

(e) the expected total return from income and the appreciation of capital;

(f) other resources of the beneficiaries known to the trustee as determined from information provided by the beneficiaries;

(g) needs for liquidity, regularity of income, and preservation or appreciation of capital; and

(h) an asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries.

(4) A trustee shall make a reasonable effort to ascertain facts relevant to the investment and management of trust assets.

(5) A trustee may invest in any kind of property or type of investment or engage in any course of action or investment strategy consistent with the standards of this Act.
Mont. Code Ann. § 72-31-401 — MT Code / Title 72 / Chapter 31 / Part 4 / Section 72-31-401
72-31-401 Short title
Status: in_force

72-31-401 . Short title. This part may be cited as the "Revised Uniform Fiduciary Access to Digital Assets Act".
Mont. Code Ann. § 72-3-912 — MT Code / Title 72 / Chapter 3 / Part 9 / Section 72-3-912
72-3-912 Successor's indebtedness to estate offset against interest -- defenses available
Status: in_force

72-3-912 . Successor's indebtedness to estate offset against interest -- defenses available. The amount of a noncontingent indebtedness of a successor to the estate if due or its present value if not due must be offset against the successor's interest. However, the successor has the benefit of any defense that would be available to the successor in a direct proceeding for recovery of the debt.
Mont. Code Ann. § 72-16-603 — MT Code / Title 72 / Chapter 16 / Part 6 / Section 72-16-603
72-16-603 Tax -- how apportioned
Status: in_force

72-16-603 . Tax -- how apportioned. (1) Except as provided in subsection (3) and unless the will or governing instrument otherwise provides, the tax must be apportioned among all persons interested in the estate. The apportionment is to be made in the proportion that the value of the interest of each person interested in the estate bears to the total value of the interests of all persons interested in the estate. The values used in determining the tax are to be used for that purpose.

(2) If the decedent's will or governing instrument directs a method of apportionment of tax different from the method described in this part, the method described in the will or governing instrument controls.

(3) If the liabilities of persons interested in the estate as described in this part differ from those that result under the federal estate tax law, the liabilities imposed by the federal law control and the balance of this part applies as if the resulting liabilities had been prescribed in this part.
Mont. Code Ann. § 72-31-317 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-317
72-31-317 Reimbursement and compensation of agent
Status: in_force

72-31-317 . Reimbursement and compensation of agent. Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.
Mont. Code Ann. § 72-39-103 — MT Code / Title 72 / Chapter 39 / Part 1 / Section 72-39-103
72-39-103 Scope
Status: in_force

72-39-103 . Scope. (1) Except as provided in subsections (2) and (3), this chapter applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest.

(2) This chapter does not apply to a trust held solely for charitable purposes.

(3) Subject to 72-39-211 , a trust instrument may restrict or prohibit exercise of the decanting power.

(4) This chapter does not limit the power of a trustee, powerholder, or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, law of this state other than this chapter, common law, a court order, or a nonjudicial settlement agreement.

(5) This chapter does not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument.
Mont. Code Ann. § 72-15-203 — MT Code / Title 72 / Chapter 15 / Part 2 / Section 72-15-203
72-15-203 Power of court to order account and delivery of estate at any time
Status: in_force

72-15-203 . Power of court to order account and delivery of estate at any time. The court or judge may, at any time, order the public administrator to account for and deliver all the money of an estate in the public administrator's hands to the heirs or to the executors or administrators regularly appointed.
Mont. Code Ann. § 72-6-409 — MT Code / Title 72 / Chapter 6 / Part 4 / Section 72-6-409
72-6-409 Notice, delivery, acceptance, consideration not required
Status: in_force

72-6-409 . Notice, delivery, acceptance, consideration not required. A transfer on death deed is effective without:

(1) notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or

(2) consideration.
Mont. Code Ann. § 72-31-350 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-350
72-31-350 Retirement plans
Status: in_force

72-31-350 . Retirement plans. (1) In this section, "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:

(a) an individual retirement account under section 408 of the Internal Revenue Code, 26 U.S.C. 408;

(b) a Roth individual retirement account under section 408A of the Internal Revenue Code, 26 U.S.C. 408A;

(c) a deemed individual retirement account under section 408(q) of the Internal Revenue Code, 26 U.S.C. 408(q);

(d) an annuity or mutual fund custodial account under section 403(b) of the Internal Revenue Code, 26 U.S.C. 403(b);

(e) a pension, profit-sharing, stock bonus, or other retirement plan qualified under section 401(a) of the Internal Revenue Code, 26 U.S.C. 401(a);

(f) a deferred compensation plan under section 457(b) of the Internal Revenue Code, 26 U.S.C. 457(b); and

(g) a nonqualified deferred compensation plan under section 409A of the Internal Revenue Code, 26 U.S.C. 409A.

(2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:

(a) select the form and timing of payments under a retirement plan and withdraw benefits from a plan;

(b) make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;

(c) establish a retirement plan in the principal's name;

(d) make contributions to a retirement plan;

(e) exercise investment powers available under a retirement plan; and

(f) borrow from, sell assets to, and purchase assets from a retirement plan.
Mont. Code Ann. § 72-17-102 — MT Code / Title 72 / Chapter 17 / Part 1 / Section 72-17-102
72-17-102 Definitions
Status: in_force

72-17-102 . Definitions. As used in this chapter, the following definitions apply:

(1) "Adult" means an individual who is at least 18 years of age.

(2) "Agent" means an individual:

(a) authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or

(b) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal.

(3) "Anatomical gift" means a donation of all or part of a human body to take effect upon or after death for the purposes of transplantation, therapy, research, or education.

(4) "Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift and includes a stillborn infant or fetus.

(5) "Department" means the department of public health and human services provided for in 2-15-2201 .

(6) (a) "Disinterested witness" means a witness other than:

(i) the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift; or

(ii) another adult who exhibited special care and concern for the individual.

(b) The term does not include a person to which an anatomical gift could pass under 72-17-202 .

(7) "Document of gift" means any of the following methods used to make an anatomical gift:

(a) a card;

(b) a statement attached to or imprinted on a driver's license, identification card, or donor registry;

(c) a will or other writing; or

(d) a witnessed oral statement.

(8) "Donor" means an individual whose body or part is the subject of an anatomical gift.

(9) "Donor registry" means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.

(10) "Driver's license" means a license or permit issued by any state or federal authority to operate a vehicle, whether or not conditions are attached to the license or permit.

(11) "Enucleator" means an individual who is certified pursuant to 72-17-311 to remove or process eyes or parts of eyes.

(12) "Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.

(13) (a) "Guardian" means a person appointed by a court to make decisions regarding the support, care, education, health, and welfare of an individual.

(b) The term does not include a guardian ad litem.

(14) "Hospital" means a facility licensed, accredited, or approved under the laws of any state or a facility operated as a hospital by the United States government, a state, or a subdivision of a state.

(15) (a) "Human fetal tissue" means tissue or cells obtained from a dead human embryo or fetus after a spontaneous or induced abortion or after a stillbirth.

(b) The term does not include established human fetal cell lines.

(16) "Identification card" means an identification card issued by the department of justice.

(17) "Know" means to have actual knowledge.

(18) "Minor" means an individual who is under 18 years of age.

(19) "Ophthalmologist" means a licensed physician or surgeon who specializes in the treatment or correction of diseases of the eye.

(20) "Organ procurement organization" means a person designated by the secretary of the United States department of health and human services as an organ procurement organization.

(21) "Parent" means a parent whose parental rights have not been terminated.

(22) (a) "Part" means an organ, tissue, eye, bone, artery, blood, fluid, or other portion of a human body. The term includes human fetal tissue.

(b) The term does not include the whole body.

(23) "Person" means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, joint venture, association, limited liability company, public corporation, instrumentality, or any other legal or commercial entity.

(24) "Physician" or "surgeon" means an individual licensed or otherwise authorized to practice medicine and surgery or osteopathy and surgery under the laws of any state.

(25) "Procurement organization" means an eye bank, organ procurement organization, or tissue bank.

(26) (a) "Prospective donor" means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education.

(b) The term does not include an individual who has made a refusal of an anatomical gift.

(27) "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

(28) "Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted.

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

(30) "Refusal" means a record created under 72-17-201 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part.

(31) "Sign" means, with the present intent to authenticate or adopt a record:

(a) to execute or adopt a tangible symbol; or

(b) to attach to or logically associate with the record an electronic symbol, sound, or process.

(32) "State" means a state, territory, or possession of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(33) "Technician" means an individual who is certified by the state board of medical examiners to remove or process a part.

(34) "Tissue" means a portion of the human body other than an organ, an eye, or blood unless the blood is donated for the purpose of research or education.

(35) "Tissue bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.

(36) "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.
Mont. Code Ann. § 72-1-206 — MT Code / Title 72 / Chapter 1 / Part 2 / Section 72-1-206
72-1-206 Oath or affirmation on filed documents
Status: in_force

72-1-206 . Oath or affirmation on filed documents. (1) Except as otherwise specifically provided in this code, every document filed with the court under this code, including applications, petitions, reports, accounts, objections, responses, and demands for notice, must include an oath, affirmation, declaration under penalty of perjury as provided in 1-6-105 , or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed.

(2) A deliberate falsification of any document filed with the court pursuant to this section constitutes the offense of perjury and is punishable as the offense of false swearing.
Mont. Code Ann. § 72-38-504 — MT Code / Title 72 / Chapter 38 / Part 5 / Section 72-38-504
72-38-504 Discretionary trusts -- effect of standard
Status: in_force

72-38-504 . Discretionary trusts -- effect of standard. (1) Whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion even if:

(a) the discretion is expressed in the form of a standard of distribution; or

(b) the trustee has abused the discretion.

(2) This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.

(3) If the trustee's or cotrustee's discretion to make distributions for the trustee's or cotrustee's own benefit is limited by an ascertainable standard, a creditor may not reach or compel distribution of the beneficial interest except to the extent the interest would be subject to the creditor's claim were the beneficiary not acting as trustee or cotrustee.
Mont. Code Ann. § 72-34-450 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-450
72-34-450 Assets subject to depreciation -- transfer from income to principal of portion of net cash receipts
Status: in_force

72-34-450 . Assets subject to depreciation -- transfer from income to principal of portion of net cash receipts. (1) For purposes of this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a fixed asset having a useful life of more than 1 year.

(2) A trustee may transfer from income to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, under generally accepted accounting principles, but may not transfer any amount for depreciation under this section in any of the following circumstances:

(a) as to the portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;

(b) during the administration of a decedent's estate; or

(c) if the trustee is accounting under 72-34-435 for the business or activity in which the asset is used.

(3) An amount transferred from income to principal need not be held as a separate fund.
Mont. Code Ann. § 72-2-616 — MT Code / Title 72 / Chapter 2 / Part 6 / Section 72-2-616
72-2-616 Nonademption of specific devises -- unpaid proceeds of sale, condemnation, or insurance -- sale by conservator or agent
Status: in_force

72-2-616 . Nonademption of specific devises -- unpaid proceeds of sale, condemnation, or insurance -- sale by conservator or agent. (1) A specific devisee has the right to the specifically devised property in the testator's estate at death and:

(a) any balance of the purchase price, together with any security interest, owing from a purchaser to the testator at death by reason of sale of the property;

(b) any amount of a condemnation award for the taking of the property unpaid at death;

(c) any proceeds unpaid at death on fire or casualty insurance on or other recovery for injury to the property;

(d) property owned by the testator at death and acquired as a result of foreclosure or obtained in lieu of foreclosure of the security interest for a specifically devised obligation;

(e) real or tangible personal property owned by the testator at death that the testator acquired as a replacement for specifically devised real or tangible personal property; and

(f) if not covered by subsections (1)(a) through (1)(e), a pecuniary devise equal to the value as of its date of disposition of other specifically devised property disposed of during the testator's lifetime but only to the extent it is established that ademption would be inconsistent with the testator's manifested plan of distribution or that at the time the will was made, the date of disposition or otherwise, the testator did not intend ademption of the devise.

(2) If specifically devised property is sold or mortgaged by a conservator or an agent acting within the authority of a durable power of attorney for an incapacitated principal or if a condemnation award, insurance proceeds, or recovery for an injury to property is paid to a conservator or an agent acting within the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery.

(3) The right of the specific devisee under subsection (2) is reduced by any right the devisee has under subsection (1).

(4) For the purposes of the references in subsection (2) to a conservator, subsection (2) does not apply if, after the sale, mortgage, condemnation, casualty, or recovery, it was adjudicated that the testator's incapacity ceased and the testator survived the adjudication by 1 year.

(5) For the purposes of the references in subsection (2) to an agent acting within the authority of a durable power of attorney for an incapacitated principal:

(a) "incapacitated principal" means a principal who is an incapacitated person;

(b) no adjudication of incapacity before death is necessary; and

(c) the acts of an agent within the authority of a durable power of attorney are presumed to be for an incapacitated principal.
Mont. Code Ann. § 72-17-207 — MT Code / Title 72 / Chapter 17 / Part 2 / Section 72-17-207
72-17-207 Examination -- autopsy -- liability
Status: in_force

72-17-207 . Examination -- autopsy -- liability. (1) An anatomical gift authorizes any reasonable examination necessary to ensure medical acceptability of the gift for the purposes intended. Unless prohibited by law other than this chapter, an examination may include an examination of all medical and dental records of the donor or prospective donor.

(2) Except as provided in 72-17-217 and 72-17-218 , the provisions of this chapter are subject to the laws of this state governing autopsies.

(3) A hospital, physician, surgeon, coroner, enucleator, technician, nurse, or other person who acts in accordance with this chapter or with the applicable anatomical gift act of another state or attempts in good faith to do so is not liable for that act in a civil action, criminal proceeding, or administrative proceeding.

(4) In determining whether an anatomical gift has been made, amended, or revoked under this chapter, a person may rely upon representations of an individual listed in 72-17-214 (1)(b), (1)(c), (1)(d), (1)(e), (1)(f), (1)(g), or (1)(h) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.

(5) An individual who makes an anatomical gift pursuant to 72-17-201 or 72-17-214 and the individual's estate are not liable for any injury or damage that may result from the making or use of the anatomical gift.
Mont. Code Ann. § 72-2-817 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-817
72-2-817 Short title
Status: in_force

72-2-817 . Short title. Sections 72-2-817 through 72-2-833 may be cited as the "Uniform Disclaimer of Property Interests Act".
Mont. Code Ann. § 72-7-103 — MT Code / Title 72 / Chapter 7 / Part 1 / Section 72-7-103
72-7-103 Governing law
Status: in_force

72-7-103 . Governing law. Unless the terms of the instrument creating a power of appointment manifest a contrary intent:

(1) the creation, revocation, or amendment of the power is governed by the law of the donor's domicile at the relevant time; and

(2) the exercise, release, or disclaimer of the power or the revocation or amendment of the exercise, release, or disclaimer of the power is governed by the law of the powerholder's domicile at the relevant time.
Mont. Code Ann. § 72-38-1005 — MT Code / Title 72 / Chapter 38 / Part 10 / Section 72-38-1005
72-38-1005 Limitation of action against trustee
Status: in_force

72-38-1005 . Limitation of action against trustee. (1) A beneficiary may not commence a proceeding against a trustee for breach of trust more than 3 years after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.

(2) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.

(3) If subsection (1) does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within 5 years after the first to occur of:

(a) the removal, resignation, or death of the trustee;

(b) the termination of the beneficiary's interest in the trust; or

(c) the termination of the trust.
Mont. Code Ann. § 72-3-822 — MT Code / Title 72 / Chapter 3 / Part 8 / Section 72-3-822
72-3-822 Distribution to domiciliary personal representative -- exceptions
Status: in_force

72-3-822 . Distribution to domiciliary personal representative -- exceptions. (1) The estate of a nonresident decedent being administered by a personal representative appointed in this state shall, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of the successors of the decedent unless:

(a) by virtue of the decedent's will, if any, and applicable choice of law rules, the successors are identified pursuant to the local law of this state without reference to the local law of the decedent's domicile;

(b) the personal representative of this state, after reasonable inquiry, is unaware of the existence or identity of a domiciliary personal representative; or

(c) the court orders otherwise in a proceeding for a closing order under 72-3-1001 or incident to the closing of a supervised administration.

(2) In other cases, distribution of the estate of a decedent shall be made in accordance with the other parts of this chapter.
Mont. Code Ann. § 72-38-204 — MT Code / Title 72 / Chapter 38 / Part 2 / Section 72-38-204
72-38-204 Basis of jurisdiction over trust, trust property, and trust parties
Status: in_force

72-38-204 . Basis of jurisdiction over trust, trust property, and trust parties. The court may exercise jurisdiction in proceedings under Title 72, chapter 38, part 2, on any basis permitted by Title 72, chapter 38, part 2, or by Rule 4, Montana Rules of Civil Procedure.
Mont. Code Ann. § 72-31-306 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-306
72-31-306 Validity of power of attorney
Status: in_force

72-31-306 . Validity of power of attorney. (1) A power of attorney executed in this state on or after October 1, 2011, is valid if its execution complies with 72-31-305 .

(2) A power of attorney executed in this state before October 1, 2011, is valid if its execution complied with the law of this state as it existed at the time of execution.

(3) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:

(a) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to 72-31-307 ; or

(b) the requirements for a military power of attorney pursuant to 10 U.S.C. 1044b.

(4) Except as otherwise provided by statute other than this part, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
Mont. Code Ann. § 72-16-605 — MT Code / Title 72 / Chapter 16 / Part 6 / Section 72-16-605
72-16-605 Distribution prior to apportionment -- bond required
Status: in_force

72-16-605 . Distribution prior to apportionment -- bond required. If property held by the personal representative is distributed prior to final apportionment of the tax, the distributee shall provide a bond or other security for the apportionment liability in the form and amount prescribed by the personal representative.
Mont. Code Ann. § 72-6-205 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-205
72-6-205 Designation of agent
Status: in_force

72-6-205 . Designation of agent. (1) By a writing signed by all parties, the parties may designate as agent of all parties on an account a person other than a party.

(2) Unless the terms of an agency designation provide that the authority of the agent terminates on disability or incapacity of a party, the agent's authority survives disability and incapacity. The agent may act for a disabled or incapacitated party until the authority of the agent is terminated.

(3) Death of the sole party or last-surviving party terminates the authority of an agent.
Mont. Code Ann. § 72-31-406 — MT Code / Title 72 / Chapter 31 / Part 4 / Section 72-31-406
72-31-406 Disclosure of content of electronic communications of deceased user
Status: in_force

72-31-406 . Disclosure of content of electronic communications of deceased user. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:

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

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

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

(4) unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and

(5) if requested by the custodian:

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

(b) evidence linking the account to the user; or

(c) a finding by the court that:

(i) the user had a specific account with the custodian, identifiable by the information specified in subsection (5)(a);

(ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. 2701 et seq., as amended, 47 U.S.C. 222, as amended, or other applicable law;

(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or

(iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
Mont. Code Ann. § 72-26-706 — MT Code / Title 72 / Chapter 26 / Part 7 / Section 72-26-706
72-26-706 Liability to third persons
Status: in_force

72-26-706 . Liability to third persons. (1) A claim may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor when it is based on:

(a) a contract entered into by a custodian acting in a custodial capacity;

(b) an obligation arising from the ownership or control of custodial property; or

(c) a tort committed during the custodianship.

(2) A custodian is not personally liable:

(a) on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or

(b) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.

(3) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
Mont. Code Ann. § 72-3-308 — MT Code / Title 72 / Chapter 3 / Part 3 / Section 72-3-308
72-3-308 Written objections to probate
Status: in_force

72-3-308 . Written objections to probate. Any party to a formal proceeding who opposes the probate of a will for any reason shall state in the pleadings the party's objections to probate of the will.
Mont. Code Ann. § 72-3-632 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-632
72-3-632 Expenses of personal representative in estate litigation
Status: in_force

72-3-632 . Expenses of personal representative in estate litigation. If a personal representative or person nominated as personal representative defends or prosecutes a proceeding in good faith, whether successful or not, the personal representative is entitled to receive from the estate the personal representative's necessary expenses and disbursements, including reasonable attorney fees incurred.
Mont. Code Ann. § 72-12-402 — MT Code / Title 72 / Chapter 12 / Part 4 / Section 72-12-402
72-12-402 Court to determine necessity of procedure and qualifications of expert
Status: in_force

72-12-402 . Court to determine necessity of procedure and qualifications of expert. The court, upon notice and hearing, shall determine whether the procedure is justified by the circumstances of the case and whether the handwriting expert specified in the petition is a qualified professional handwriting expert.
Mont. Code Ann. § 72-38-603 — MT Code / Title 72 / Chapter 38 / Part 6 / Section 72-38-603
72-38-603 Settlor's powers -- powers of withdrawal
Status: in_force

72-38-603 . Settlor's powers -- powers of withdrawal. (1) To the extent a trust is revocable by a settlor, a trustee may follow a direction of the settlor that is contrary to the terms of the trust. To the extent a trust is revocable by a settlor in conjunction with a person other than a trustee or person holding an adverse interest, the trustee may follow a direction from the settlor and the other person holding the power to revoke even if the direction is contrary to the terms of the trust.

(2) To the extent a trust is revocable, rights of the beneficiaries are subject to the control of the settlor and the duties of the trustee, including the duty to provide notice, are owed exclusively to the settlor.

(3) During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.
Mont. Code Ann. § 72-31-411 — MT Code / Title 72 / Chapter 31 / Part 4 / Section 72-31-411
72-31-411 Disclosure of contents of electronic communications held in trust when trustee not original user
Status: in_force

72-31-411 . Disclosure of contents of electronic communications held in trust when trustee not original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:

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

(2) a certified copy of the trust instrument or a certification of the trust under 72-38-1013 that includes consent to disclosure of the content of electronic communications to the trustee;

(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

(4) if requested by the custodian:

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

(b) evidence linking the account to the trust.
Mont. Code Ann. § 72-3-313 — MT Code / Title 72 / Chapter 3 / Part 3 / Section 72-3-313
72-3-313 Order for formal probate
Status: in_force

72-3-313 . Order for formal probate. (1) After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, that venue is proper, and that the proceeding was commenced within the limitation prescribed by 72-3-122 , it shall determine the decedent's domicile at death, the decedent's heirs, and the decedent's state of testacy. Any will found to be valid and unrevoked must be formally probated.

(2) Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by 72-3-523 .

(3) The petition must be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead.
Mont. Code Ann. § 72-2-825 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-825
72-2-825 Disclaimer of power of appointment or other power not held in fiduciary capacity
Status: in_force

72-2-825 . Disclaimer of power of appointment or other power not held in fiduciary capacity. If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:

(1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

(2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.

(3) The instrument creating the power is construed as if the power expired when the disclaimer became effective.
Mont. Code Ann. § 72-3-804 — MT Code / Title 72 / Chapter 3 / Part 8 / Section 72-3-804
72-3-804 Manner of presentation of claims
Status: in_force

72-3-804 . Manner of presentation of claims. Claims against a decedent's estate may be presented as follows:

(1) The claimant shall mail to the personal representative return receipt requested a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed or may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court. The claim is considered presented on the first to occur of receipt of the written statement of claim by the personal representative or the filing of the claim with the court. If a claim is not yet due, the date when it will become due must be stated. If the claim is contingent or unliquidated, the nature of the uncertainty must be stated. If the claim is secured, the security must be described. Failure to describe correctly the security, the nature of any uncertainty, and the due date of a claim not yet due does not invalidate the presentation made.

(2) The claimant may commence a proceeding against the personal representative, in any court where the personal representative may be subjected to jurisdiction, to obtain payment of the claim against the estate, but the commencement of the proceeding must occur within the time limited for presenting the claim. A presentation of claim is not required in regard to matters claimed in proceedings against the decedent that were pending at the time of death.

(3) If a claim is presented under subsection (1), a proceeding on the claim may not be commenced more than 60 days after the personal representative has mailed a notice of disallowance, but in the case of a claim that is not presently due or that is contingent or unliquidated, the personal representative may consent to an extension of the 60-day period or, to avoid injustice, the court, on petition, may order an extension of the 60-day period, but the extension may not run beyond the applicable statute of limitations.
Mont. Code Ann. § 72-38-220 — MT Code / Title 72 / Chapter 38 / Part 2 / Section 72-38-220
72-38-220 Intermittent judicial intervention in trust administration
Status: in_force

72-38-220 . Intermittent judicial intervention in trust administration. The administration of trusts is intended to proceed expeditiously and free of judicial intervention, subject to the jurisdiction of the court.
Mont. Code Ann. § 72-4-305 — MT Code / Title 72 / Chapter 4 / Part 3 / Section 72-4-305
72-4-305 Right to inspect estate assets for inventory
Status: in_force

72-4-305 . Right to inspect estate assets for inventory. A person holding property of a nonresident decedent, including any instrument evidencing a debt, obligation, stock, or chose in action, shall permit the domiciliary foreign personal representative of the nonresident decedent to inspect and appraise the property for purposes of completing the inventory called for in 72-4-303 (1) upon being presented with proof of the representative's appointment and an affidavit made by or on behalf of the representative stating:

(1) the date of death of the nonresident decedent;

(2) that no local administration or application or petition for local administration is pending in this state; and

(3) that the domiciliary foreign personal representative is entitled to make the inspection and appraisal.
Mont. Code Ann. § 72-26-801 — MT Code / Title 72 / Chapter 26 / Part 8 / Section 72-26-801
72-26-801 Renunciation, resignation, death, or removal of custodian -- designation of successor custodian
Status: in_force

72-26-801 . Renunciation, resignation, death, or removal of custodian -- designation of successor custodian. (1) A person nominated under 72-26-601 or designated under 72-26-603 as custodian may decline to serve by delivering a valid disclaimer to the person who made the nomination or to the transferor or the transferor's legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under 72-26-601 , the person who made the nomination may nominate a substitute custodian under 72-26-601 ; otherwise the transferor or the transferor's legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under 72-26-603 (1). The custodian so designated has the rights of a successor custodian.

(2) A custodian at any time may designate a trust company or an adult other than a transferor under 72-26-604 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed.

(3) A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian.

(4) If a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subsection (2), an adult member of the minor's family, a conservator of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family, or any other interested person may petition the court to designate a successor custodian.

(5) A custodian who declines to serve under subsection (1) or resigns under subsection (3) or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.

(6) A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of 14 years may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under 72-26-604 or to require the custodian to give appropriate bond.
Mont. Code Ann. § 72-2-818 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-818
72-2-818 Definitions
Status: in_force

72-2-818 . Definitions. As used in 72-2-817 through 72-2-833 , the following definitions apply:

(1) "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.

(2) "Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made.

(3) "Disclaimer" means the refusal to accept an interest in or power over property.

(4) "Fiduciary" means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.

(5) "Jointly held property" means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.

(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.

(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a state.

(8) "Trust" means:

(a) an express trust, charitable or noncharitable, with additions thereto, whenever and however created; and

(b) a trust created pursuant to a statute, judgment, or decree which requires the trust to be administered in the manner of an express trust.
Mont. Code Ann. § 72-3-502 — MT Code / Title 72 / Chapter 3 / Part 5 / Section 72-3-502
72-3-502 Priorities for appointment
Status: in_force

72-3-502 . Priorities for appointment. Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order:

(1) the person with priority as determined by a probated will, including a person nominated by a power conferred in a will;

(2) the surviving spouse of the decedent who is a devisee of the decedent;

(3) the custodial parent of a minor decedent;

(4) other devisees of the decedent;

(5) the surviving spouse of the decedent;

(6) the parent of an adult decedent who was survived by issue, none of whom is an adult;

(7) other heirs of the decedent;

(8) public administrator;

(9) 45 days after the death of the decedent, any creditor.
Mont. Code Ann. § 72-16-904 — MT Code / Title 72 / Chapter 16 / Part 9 / Section 72-16-904
72-16-904 Estate tax imposed
Status: in_force

72-16-904 . Estate tax imposed. An estate tax is imposed upon the transfer of the estate of every decedent leaving an estate that is subject to the federal estate tax imposed by the United States of America under the applicable provisions of the Internal Revenue Code and that has, in whole or in part, a taxable situs in this state.
Mont. Code Ann. § 72-38-214 — MT Code / Title 72 / Chapter 38 / Part 2 / Section 72-38-214
72-38-214 Commencement of proceedings
Status: in_force

72-38-214 . Commencement of proceedings. (1) A proceeding under this chapter is commenced by filing a verified petition stating facts showing that the petition is authorized under this chapter and the grounds of the petition.

(2) The following pleadings are specifically permitted:

(a) a petition filed pursuant to this chapter;

(b) a report or account filed in regard to a petition filed pursuant to this chapter; and

(c) an objection or response filed in regard to a petition, report, or account filed pursuant to this chapter.

(3) When a petition that requires a hearing is filed with the court clerk, the clerk shall set the matter for hearing.

(4) Except as provided in 25-4-203 regarding verification by an agent or attorney, all pleadings described in subsection (2) must be verified as follows:

(a) A petition must be verified by the petitioner or, if there are two or more parties joining in the petition, by any one of the petitioners.

(b) A report or account must be verified by the person who has the duty to make the report or, if there are two or more persons having a duty to report, by any one of the persons having the duty.

(c) An objection or response must be verified by the objector or respondent or, if there are two or more parties joining in the objection or response, by any one of the objectors or respondents.

(5) In any trust proceeding, an affidavit or verified petition must be received as evidence when offered in an uncontested proceeding under this chapter.

(6) In addition to the verification required by 25-4-203 and subsection (5), every pleading filed in connection with any trust proceeding must be signed by the attorney of the person filing the pleading if the person is represented by an attorney.

(7) Nothing in this chapter precludes the commencement, within a decedent's probate, of a trust proceeding for the construction of a testamentary trust, provided the probate has not previously been closed pursuant to Title 72, chapter 3, part 10.
Mont. Code Ann. § 72-15-207 — MT Code / Title 72 / Chapter 15 / Part 2 / Section 72-15-207
72-15-207 Annual account of condition of all estates
Status: in_force

72-15-207 . Annual account of condition of all estates. (1) The public administrator shall once each year make to the district court or a judge of the district court, under oath, a return of all estates of decedents that have come into the public administrator's hands stating:

(a) the value of the estates;

(b) the money that has come into the public administrator's hands from each estate;

(c) what the public administrator has done with it;

(d) the amount of fees and expenses incurred by the public administrator; and

(e) the balance, if any, remaining in the public administrator's hands.

(2) The public administrator shall post a copy of the return in the office of the clerk of the district court of the county.
Mont. Code Ann. § 72-40-120 — MT Code / Title 72 / Chapter 40 / Part 1 / Section 72-40-120
72-40-120 Office of trust director
Status: in_force

72-40-120 . Office of trust director. Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters:

(1) acceptance under 72-38-701 ;

(2) giving of bond to secure performance under 72-38-702 ;

(3) reasonable compensation under 72-38-708 ;

(4) resignation under 72-38-705 ;

(5) removal under 72-38-706 ; and

(6) vacancy and appointment of successor under 72-38-704 .
Mont. Code Ann. § 72-4-203 — MT Code / Title 72 / Chapter 4 / Part 2 / Section 72-4-203
72-4-203 Service on foreign personal representative
Status: in_force

72-4-203 . Service on foreign personal representative. (1) Service of process may be made upon the foreign personal representative by registered or certified mail addressed to the foreign personal representative's last reasonably ascertainable address requesting a return receipt signed by addressee only. Notice by ordinary first-class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this state on either the foreign personal representative or the foreign personal representative's decedent immediately prior to death.

(2) If service is made upon a foreign personal representative as provided in subsection (1), the foreign personal representative must be allowed at least 30 days within which to appear or respond.
Mont. Code Ann. § 72-5-424 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-424
72-5-424 Inventory and records
Status: in_force

72-5-424 . Inventory and records. (1) Within 90 days after appointment, a conservator shall prepare and file with the appointing court a complete inventory of the estate of the protected person, together with the conservator's oath or affirmation that it is complete and accurate so far as the conservator is informed. The conservator shall provide a copy of the inventory to the protected person if the protected person can be located, has attained 14 years of age, and has sufficient mental capacity to understand these matters and to any parent or guardian with whom the protected person resides.

(2) The conservator shall keep suitable records of the conservator's administration and exhibit the records on request of any interested person.
Mont. Code Ann. § 72-2-332 — MT Code / Title 72 / Chapter 2 / Part 3 / Section 72-2-332
72-2-332 Omitted children
Status: in_force

72-2-332 . Omitted children. (1) Except as provided in subsection (2), if a testator fails to provide in the testator's will for any of the testator's children born or adopted after the execution of the will, the omitted after-born or after-adopted child receives a share in the estate as follows:

(a) If the testator had no child living when the testator executed the will, an omitted after-born or after-adopted child receives a share in the estate equal in value to that which the child would have received had the testator died intestate unless the will devised all or substantially all of the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will.

(b) If the testator had one or more children living when the testator executed the will and the will devised property or an interest in property to one or more of the then-living children, an omitted after-born or after-adopted child is entitled to share in the testator's estate as follows:

(i) The portion of the testator's estate in which the omitted after-born or after-adopted child is entitled to share is limited to devises made to the testator's then-living children under the will.

(ii) The omitted after-born or after-adopted child is entitled to receive the share of the testator's estate, as limited in subsection (1)(b)(i), that the child would have received had the testator included all omitted after-born and after-adopted children with the children to whom devises were made under the will and had given an equal share of the estate to each child.

(iii) To the extent feasible, the interest granted an omitted after-born or after-adopted child under this section must be of the same character, whether equitable or legal, present or future, as that devised to the testator's then-living children under the will.

(iv) In satisfying a share provided by this subsection (1)(b), devises to the testator's children who were living when the will was executed abate ratably. In abating the devises of the then-living children, the court shall preserve to the maximum extent possible the character of the testamentary plan adopted by the testator.

(2) Subsections (1)(a) and (1)(b) do not apply if:

(a) it appears from the will that the omission was intentional; or

(b) the testator provided for the omitted after-born or after-adopted child 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.

(3) If at the time of execution of the will the testator fails to provide in the testator's will for a living child solely because the testator believes the child to be dead, the child is entitled to share in the estate as if the child were an omitted after-born or after-adopted child.

(4) In satisfying a share provided by subsection (1)(a), devises made by the will abate as provided in 72-3-901 .
Mont. Code Ann. § 72-6-307 — MT Code / Title 72 / Chapter 6 / Part 3 / Section 72-6-307
72-6-307 Ownership on death of owner
Status: in_force

72-6-307 . Ownership on death of owner. On the death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of the death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
Mont. Code Ann. § 72-34-442 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-442
72-34-442 Receipts from liquidating assets -- allocation
Status: in_force

72-34-442 . Receipts from liquidating assets -- allocation. (1) In this section, "liquidating asset" means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a period of limited duration. The term includes a leasehold, patent, copyright, royalty right, and right to receive payments under an arrangement that does not provide for the payment of interest on the unpaid balance. The term does not include a payment subject to 72-34-441 , natural resources subject to 72-34-443 , timber subject to 72-34-444 , a derivative or option subject to 72-34-446 , an asset subject to 72-34-447 , or any asset for which the trustee establishes a reserve for depreciation under 72-34-450 .

(2) A trustee shall allocate to income 85% from a liquidating asset and the balance to principal.
Mont. Code Ann. § 72-5-502 — MT Code / Title 72 / Chapter 5 / Part 5 / Section 72-5-502
72-5-502 Health care power of attorney not revoked until notice
Status: in_force

72-5-502 . Health care power of attorney not revoked until notice. (1) The disability or incapacity of a principal who has previously executed a health care power of attorney that is not a durable health care power does not revoke or terminate the agency as to the attorney-in-fact or other person who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power.

(2) As to acts undertaken in good faith reliance on a health care power of attorney, an affidavit executed by the attorney-in-fact or agent stating that the attorney-in-fact or agent did not have, at the time of exercising the power, actual knowledge of the termination of the power by revocation or of the principal's disability or incapacity is proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable.

(3) This section does not affect any provision in a health care power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity.
Mont. Code Ann. § 72-7-406 — MT Code / Title 72 / Chapter 7 / Part 4 / Section 72-7-406
72-7-406 Power to contract -- power of appointment not presently exercisable
Status: reserved

72-7-406 . Power to contract -- power of appointment not presently exercisable. A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:

(1) is also the donor of the power; and

(2) has reserved the power in a revocable trust.
Mont. Code Ann. § 72-31-326 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-326
72-31-326 Principles of law and equity
Status: in_force

72-31-326 . Principles of law and equity. Unless displaced by a provision of this part, the principles of law and equity supplement this part.
Mont. Code Ann. § 72-38-401 — MT Code / Title 72 / Chapter 38 / Part 4 / Section 72-38-401
72-38-401 Methods of creating trust
Status: in_force

72-38-401 . Methods of creating trust. A trust may be created by:

(1) transfer of property to a person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;

(2) declaration by the owner of property that the owner holds identifiable property as trustee; or

(3) exercise of a power of appointment in favor of a trustee.
Mont. Code Ann. § 72-3-404 — MT Code / Title 72 / Chapter 3 / Part 4 / Section 72-3-404
72-3-404 Powers of personal representative in supervised administration
Status: in_force

72-3-404 . Powers of personal representative in supervised administration. Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under this code, but the personal representative may not exercise the power to make any distribution of the estate without prior order of the court. Any other restriction on the power of a personal representative that may be ordered by the court must be endorsed on the personal representative's letters of appointment and unless so endorsed is ineffective as to persons dealing in good faith with the personal representative.
Mont. Code Ann. § 72-39-220 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-220
72-39-220 Terms of second trust
Status: in_force

72-39-220 . Terms of second trust. A reference in Title 72, chapter 38, to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trust.
Mont. Code Ann. § 72-31-316 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-316
72-31-316 Coagents or successor agents
Status: in_force

72-31-316 . Coagents or successor agents. (1) A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently.

(2) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:

(a) has the same authority as that granted to the original agent; and

(b) may not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.

(3) Except as otherwise provided in the power of attorney and subsection (4), an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.

(4) An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken the action.
Mont. Code Ann. § 72-38-201 — MT Code / Title 72 / Chapter 38 / Part 2 / Section 72-38-201
72-38-201 Subject matter jurisdiction
Status: in_force

72-38-201 . Subject matter jurisdiction. (1) The district court having jurisdiction over the trust pursuant to this chapter has exclusive jurisdiction of proceedings concerning the internal affairs of trusts.

(2) The district court having jurisdiction over the trust pursuant to this chapter has concurrent jurisdiction of the following:

(a) actions and proceedings to determine the existence of trusts;

(b) actions and proceedings by or against creditors or debtors of trusts; and

(c) other actions and proceedings involving trustees and third persons.
Mont. Code Ann. § 72-14-208 — MT Code / Title 72 / Chapter 14 / Part 2 / Section 72-14-208
72-14-208 Sales by department of revenue and county treasurer -- how conducted
Status: in_force

72-14-208 . Sales by department of revenue and county treasurer -- how conducted. All hereinbefore mentioned sales by the department of revenue or county treasurer must be for cash at public auction and shall be made to the highest bidder. However, the seller may reject all bids which are disproportionate to the value of the property being sold.
Mont. Code Ann. § 72-31-341 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-341
72-31-341 Stocks and bonds
Status: in_force

72-31-341 . Stocks and bonds. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to:

(1) buy, sell, and exchange stocks and bonds;

(2) establish, continue, modify, or terminate an account with respect to stocks and bonds;

(3) pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal;

(4) receive certificates and other evidences of ownership with respect to stocks and bonds; and

(5) exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.
Mont. Code Ann. § 72-7-503 — MT Code / Title 72 / Chapter 7 / Part 5 / Section 72-7-503
72-7-503 Power to withdraw
Status: in_force

72-7-503 . Power to withdraw. (1) For purposes of this section and except as otherwise provided in subsection (2), a power to withdraw property from a trust is treated, during the time the power may be exercised, as a presently exercisable general power of appointment to the extent of the property subject to the power to withdraw.

(2) On the lapse, release, or waiver of a power to withdraw property from a trust, the power is treated as a presently exercisable general power of appointment only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in 26 U.S.C. Section 2041(b)(2) and 26 U.S.C. Section 2514(e) or the amount specified in 26 U.S.C. Section 2503(b) on October 1, 2015.
Mont. Code Ann. § 72-38-825 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-825
72-38-825 Proceedings
Status: in_force

72-38-825 . Proceedings. (1) A proceeding contemplated by section 101(l)(3) of the federal Tax Reform Act of 1969 (Public Law 91-172) may be commenced pursuant to 72-38-213 by the organization involved. All specifically named beneficiaries of the organization and the attorney general must be parties to the proceedings. Notwithstanding 72-38-201 , this provision is not exclusive and does not limit any jurisdiction that otherwise exists.

(2) If an instrument creating a trust affected by this section has been recorded, a notice of pendency of judicial proceedings under this section must be recorded in a similar manner within 10 days from the commencement of the proceedings. A duly certified copy of any final judgment or decree in the proceedings must be similarly recorded.
Mont. Code Ann. § 72-5-414 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-414
72-5-414 Resignation or removal of conservator for cause -- successor conservator
Status: in_force

72-5-414 . Resignation or removal of conservator for cause -- successor conservator. The court may remove a conservator for good cause, upon notice and hearing, or may accept the resignation of a conservator. After the conservator's death, resignation, or removal, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers of the predecessor.
Mont. Code Ann. § 72-2-529 — MT Code / Title 72 / Chapter 2 / Part 5 / Section 72-2-529
72-2-529 Revival of revoked will
Status: in_force

72-2-529 . Revival of revoked will. (1) If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under 72-2-527 (1)(b), the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed.

(2) If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act under 72-2-527 (1)(b), a revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator did not intend the revoked part to take effect as executed.

(3) If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another, later will, the previous will remains revoked in whole or in part, unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect.
Mont. Code Ann. § 72-5-224 — MT Code / Title 72 / Chapter 5 / Part 2 / Section 72-5-224
72-5-224 Temporary guardian of minor
Status: in_force

72-5-224 . Temporary guardian of minor. If necessary, the court may appoint a temporary guardian with the status of an ordinary guardian of a minor, but the authority of a temporary guardian shall not last longer than 6 months.
Mont. Code Ann. § 72-6-308 — MT Code / Title 72 / Chapter 6 / Part 3 / Section 72-6-308
72-6-308 Protection of registering entity
Status: in_force

72-6-308 . Protection of registering entity. (1) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this part.

(2) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on the death of the deceased owner as provided in this part.

(3) (a) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with 72-6-307 and does so in good faith reliance on:

(i) the registration;

(ii) this part; and

(iii) information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity.

(b) The protections of this part do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this part.

(4) The protection provided by this part to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
Mont. Code Ann. § 72-34-425 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-425
72-34-425 Notice of proposed action -- objections by beneficiary -- liability of trustee -- proceedings
Status: in_force

72-34-425 . Notice of proposed action -- objections by beneficiary -- liability of trustee -- proceedings. (1) A trustee may give a notice of proposed action regarding a matter governed by this part as provided in this section. For the purpose of this section, a proposed action includes a course of action and a decision not to take action.

(2) The trustee shall mail notice of the proposed action to all adult beneficiaries who are receiving or are entitled to receive income under the trust or to receive a distribution of principal if the trust were terminated at the time the notice is given.

(3) A notice of proposed action need not be given to any person who consents in writing to the proposed action. The consent may be executed at any time before or after the proposed action is taken.

(4) The notice of proposed action must state that it is given pursuant to this section and must state all of the following:

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

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

(c) a description of the action proposed to be taken and an explanation of the reasons for the action;

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

(e) the date on or after which the proposed action may be taken or is effective.

(5) A beneficiary may object to the proposed action by mailing a written objection to the trustee at the address stated in the notice of proposed action within the time period specified in the notice of proposed action.

(6) A trustee is not liable to a beneficiary for an action regarding a matter governed by this part if the trustee does not receive a written objection to the proposed action from the beneficiary within the applicable period and the other requirements of this section are satisfied. If no beneficiary entitled to notice objects under this section, the trustee is not liable to any current or future beneficiary with respect to the proposed action.

(7) If the trustee receives a written objection within the applicable period, either the trustee or a beneficiary may petition the court to have the proposed action taken as proposed, taken with modifications, or denied. In the proceeding, a beneficiary objecting to the proposed action has the burden of proving that the trustee's proposed action should not be taken. A beneficiary who has not objected is not estopped from opposing the proposed action in the proceeding. If the trustee decides not to implement the proposed action, the trustee shall notify the 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 current or future beneficiary. A beneficiary may petition the court to have the action taken and has the burden of proving that it should be taken.
Mont. Code Ann. § 72-4-310 — MT Code / Title 72 / Chapter 4 / Part 3 / Section 72-4-310
72-4-310 Powers of foreign representative generally
Status: in_force

72-4-310 . Powers of foreign representative generally. A domiciliary foreign personal representative who has complied with 72-4-309 may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state, subject to any conditions imposed upon nonresident parties generally.
Mont. Code Ann. § 72-2-521 — MT Code / Title 72 / Chapter 2 / Part 5 / Section 72-2-521
72-2-521 Who may make a will
Status: in_force

72-2-521 . Who may make a will. An individual 18 or more years of age who is of sound mind may make a will.
Mont. Code Ann. § 72-2-531 — MT Code / Title 72 / Chapter 2 / Part 5 / Section 72-2-531
72-2-531 Testamentary additions to trusts
Status: reserved

72-2-531 . Testamentary additions to trusts. (1) (a) A will may validly devise property to the trustee of a trust established or to be established:

(i) during the testator's lifetime by the testator, by the testator and some other person, or by some other person, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts; or

(ii) at the testator's death by the testator's devise to the trustee if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust.

(b) The devise is not invalid because the trust is amendable or revocable or because the trust was amended after the execution of the will or the testator's death.

(2) Unless the testator's will provides otherwise, property devised to a trust described in subsection (1) is not held under a testamentary trust of the testator but it becomes a part of the trust to which it is devised and must be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.

(3) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse.
Mont. Code Ann. § 72-2-523 — MT Code / Title 72 / Chapter 2 / Part 5 / Section 72-2-523
72-2-523 Writings intended as wills
Status: in_force

72-2-523 . Writings intended as wills. Although a document or writing added upon a document was not executed in compliance with 72-2-522 , the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute:

(1) the decedent's will;

(2) a partial or complete revocation of the will;

(3) an addition to or an alteration of the will; or

(4) a partial or complete revival of the decedent's formerly revoked will or of a formerly revoked portion of the will.
Mont. Code Ann. § 72-39-302 — MT Code / Title 72 / Chapter 39 / Part 3 / Section 72-39-302
72-39-302 Relation to electronic signatures in global and national commerce act
Status: in_force

72-39-302 . Relation to electronic signatures in global and national commerce act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
Mont. Code Ann. § 72-11-103 — MT Code / Title 72 / Chapter 11 / Part 1 / Section 72-11-103
72-11-103 Computation of degrees in lineal kinship
Status: in_force

72-11-103 . Computation of degrees in lineal kinship. The degree of lineal kinship of two persons is computed by counting one degree for each person in the line of ascent or descent, exclusive of the person from whom the computing begins. The child is, with regard to the parent, in the first degree; the grandchild is, with regard to the grandparent, in the second degree; and vice versa as to the parent and grandparent with regard to their respective children and grandchildren.
Mont. Code Ann. § 72-3-311 — MT Code / Title 72 / Chapter 3 / Part 3 / Section 72-3-311
72-3-311 Priority of determinations in contested cases
Status: in_force

72-3-311 . Priority of determinations in contested cases. If a will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate, and if a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate.
Mont. Code Ann. § 72-17-217 — MT Code / Title 72 / Chapter 17 / Part 2 / Section 72-17-217
72-17-217 Cooperation between coroner, medical examiner, county attorney, and procurement organization
Status: in_force

72-17-217 . Cooperation between coroner, medical examiner, county attorney, and procurement organization. (1) A county coroner, medical examiner, or associate medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.

(2) A part may not be removed from the body of a decedent under the jurisdiction of a coroner or medical examiner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of a coroner or medical examiner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a coroner or medical examiner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner or medical examiner.
Mont. Code Ann. § 72-1-303 — MT Code / Title 72 / Chapter 1 / Part 3 / Section 72-1-303
72-1-303 Pleadings -- when orders or notice binding one binds another -- representation
Status: in_force

72-1-303 . Pleadings -- when orders or notice binding one binds another -- representation. In formal proceedings involving trusts or estates of decedents, minors, protected persons, or incapacitated persons and in judicially supervised settlements, the following apply:

(1) Interests to be affected must be described in pleadings that give reasonable information to owners by name or class, by reference to the instrument creating the interests, or in other appropriate manner.

(2) Persons are bound by orders binding others in the following cases:

(a) Orders binding the sole holder or all coholders of a power of revocation or a presently exercisable general power of appointment, including one in the form of a power of amendment, bind other persons to the extent their interests, as objects, takers in default, or otherwise, are subject to the power.

(b) (i) To the extent there is no conflict of interest between them or among persons represented, orders binding a:

(A) conservator bind the person whose estate the conservator controls;

(B) guardian bind the ward if a conservator of the ward's estate has not been appointed;

(C) trustee bind beneficiaries of the trust in proceedings to probate a will establishing or adding to a trust, to review the acts or accounts of a prior fiduciary, and in proceedings involving creditors or other third parties;

(D) personal representative bind persons interested in the undistributed assets of a decedent's estate in actions or proceedings by or against the estate; and

(E) a sole holder or all co-holders of a general testamentary power of appointment binds other persons to the extent their interests as objects, takers in default, or otherwise are subject to the power.

(ii) If there is no conflict of interest and a conservator or guardian has not been appointed, a parent may represent the parent's minor child.

(c) An unborn or unascertained person who is not otherwise represented is bound by an order to the extent the person's interest is adequately represented by another party having a substantially identical interest in the proceeding.

(3) Notice is required as follows:

(a) Notice as prescribed by 72-1-301 must be given to every interested person or to one who can bind an interested person as described in subsection (2)(a) or (2)(b). Notice may be given both to a person and to another who may bind the person.

(b) Notice is given to unborn or unascertained persons, who are not represented under subsection (2)(a) or (2)(b), by giving notice to all known persons whose interests in the proceedings are substantially identical to those of the unborn or unascertained persons.

(4) At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a minor, an incapacitated, unborn, or unascertained person, or a person whose identity or address is unknown if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to represent several persons or interests. The court shall set out its reasons for appointing a guardian ad litem as a part of the record of the proceeding.
Mont. Code Ann. § 72-5-432 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-432
72-5-432 Compensation and expenses
Status: in_force

72-5-432 . Compensation and expenses. If not otherwise compensated for services rendered, any visitor, lawyer, physician, conservator, or special conservator appointed in a protective proceeding is entitled to reasonable compensation from the estate.
Mont. Code Ann. § 72-5-447 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-447
72-5-447 Circumstances to be considered in determining whether to authorize or require proposed action
Status: in_force

72-5-447 . Circumstances to be considered in determining whether to authorize or require proposed action. In determining whether to authorize or require a proposed action under 72-5-444 through 72-5-450 , the court shall take into consideration all of the relevant circumstances, which may include but are not limited to the following:

(1) whether the protected person has legal capacity for the proposed transaction and, if not, the probability of the protected person's recovery of legal capacity;

(2) the past donative declarations, practices, and conduct of the protected person;

(3) the traits of the protected person;

(4) the relationship and intimacy of the prospective donees with the protected person, their standards of living, and the extent to which they would be natural objects of the protected person's bounty by any objective test based on the relationship, intimacy, and standards of living;

(5) the wishes of the protected person;

(6) any known estate plan of the protected person, including but not limited to:

(a) the protected person's will;

(b) any trust of which the protected person is the settlor or beneficiary;

(c) any power of appointment created by or exercisable by the protected person; and

(d) any contract, transfer, or joint ownership arrangement with provisions for payment or transfer of benefits or interests at the protected person's death to another or others that the protected person may have originated;

(7) the manner in which the estate would devolve upon the protected person's death, giving consideration to the age and the mental and physical condition of the protected person, the prospective devisees or heirs of the protected person, and the prospective donees;

(8) the value, liquidity, and productiveness of the estate;

(9) the minimization of current or prospective income, estate, inheritance, or other taxes or expenses of administration;

(10) changes of tax laws and other laws that would likely have motivated the protected person to alter the protected person's estate plan;

(11) the likelihood from all the circumstances that the protected person as a reasonably prudent person would take the proposed action if the protected person had the capacity to do so;

(12) whether any beneficiary is the spouse of the protected person;

(13) whether a beneficiary has committed physical abuse, neglect, false imprisonment, or financial abuse against the protected person after the protected person was substantially unable to manage his or her financial resources or resist fraud or undue influence and whether the protected person's disability persisted throughout the time of the hearing on the proposed action; or

(14) the mandate of 72-5-446 that if the proposed action is taken, the remaining assets of the estate will be adequate to provide for the needs of the protected person and for the support, maintenance and education of those legally entitled to receive such from the protected person.
Mont. Code Ann. § 72-39-210 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-210
72-39-210 Protection of charitable interest
Status: in_force

72-39-210 . Protection of charitable interest. (1) In this section:

(a) "Determinable charitable interest" means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event, or after the passage of a specified time and which is unconditional or will be held solely for charitable purposes.

(b) "Unconditional" means not subject to the occurrence of a specified event that is not certain to occur, other than a requirement in a trust instrument that a charitable organization be in existence or qualify under a particular provision of the United States Internal Revenue Code of 1986, as amended, on the date of the distribution, if the charitable organization meets the requirement on the date of determination.

(2) If a first trust contains a determinable charitable interest, the attorney general has the rights of a qualified beneficiary and may represent and bind the charitable interest.

(3) If a first trust contains a charitable interest, the second trust or trusts may not:

(a) diminish the charitable interest;

(b) diminish the interest of an identified charitable organization that holds the charitable interest;

(c) alter any charitable purpose stated in the first-trust instrument; or

(d) alter any condition or restriction related to the charitable interest.

(4) If there are two or more second trusts, the second trusts must be treated as one trust for purposes of determining whether the exercise of the decanting power diminishes the charitable interest or diminishes the interest of an identified charitable organization for purposes of subsection (3).

(5) If a first trust contains a determinable charitable interest, the second trust or trusts that include a charitable interest pursuant to subsection (3) must be administered under the law of this state unless:

(a) the attorney general, after receiving notice under 72-39-203 , fails to object in a signed record delivered to the authorized fiduciary within the notice period;

(b) the attorney general consents in a signed record to the second trust or trusts being administered under the law of another jurisdiction; or

(c) the court approves the exercise of the decanting power.

(6) This chapter does not limit the powers and duties of the attorney general under law of this state other than this chapter.
Mont. Code Ann. § 72-38-1013 — MT Code / Title 72 / Chapter 38 / Part 10 / Section 72-38-1013
72-38-1013 Certification of trust
Status: in_force

72-38-1013 . Certification of trust. (1) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:

(a) that the trust exists and the date the trust instrument was executed;

(b) the identity of the settlor;

(c) the identity and address of the currently acting trustee;

(d) the relevant powers of the trustee;

(e) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;

(f) the authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; and

(g) if the governing law of the trust is not the law of Montana, the identity of the state whose laws govern the trust.

(2) A certification of trust may be signed or otherwise authenticated by any trustee. Upon request, the trustee shall acknowledge the certification in order that the certification may be recorded.

(3) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.

(4) A certification of trust need not contain the dispositive terms of a trust.

(5) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments that designate the trustee and confer upon the trustee the power to act in the pending transaction.

(6) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.

(7) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.

(8) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.

(9) This section does not limit the right of a person to obtain a copy of the trust instrument when required to be furnished by law or in a judicial proceeding concerning the trust.

(10) A certification under subsection (1)(g) may not be construed as constituting consent by any person receiving a certification of trust to the jurisdiction or application of laws of any state.
Mont. Code Ann. § 72-5-637 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-637
72-5-637 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

72-5-637 . Relation to Electronic Signatures in Global and National Commerce Act. This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
Mont. Code Ann. § 72-3-634 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-634
72-3-634 Proceedings for review of employment of agents and compensation of personal representatives and employees
Status: in_force

72-3-634 . Proceedings for review of employment of agents and compensation of personal representatives and employees. (1) Upon the filing of a motion for settlement of fees by the court filed by an interested person, the personal representative, or the person employed by the personal representative and after notice to all interested persons, the propriety of employment of any person by a personal representative, including any attorney, auditor, investment adviser, or other specialized agent or assistant, the reasonableness of the compensation of any person employed, or the reasonableness of the compensation determined by the personal representative for the personal representative's own services must be reviewed and determined by the court.

(2) In a dispute concerning fees, the court shall set the fee.

(3) A person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.
Mont. Code Ann. § 72-14-301 — MT Code / Title 72 / Chapter 14 / Part 3 / Section 72-14-301
72-14-301 Filing of action -- service -- applicability of other procedural provisions
Status: in_force

72-14-301 . Filing of action -- service -- applicability of other procedural provisions. (1) Any persons claiming property in the hands of the state treasurer must bring an action in the district court of Lewis and Clark County, Montana, against the state treasurer.

(2) In such action one copy of the complaint and summons must be served upon the state treasurer, one must be served upon the attorney general, and one must be served upon the director of revenue.

(3) Such action shall be prosecuted subject to all of the provisions of the statutes of this state in relation to civil actions generally, including the right of either party to appeal to the supreme court of the state of Montana.
Mont. Code Ann. § 72-31-319 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-319
72-31-319 Agent's duties
Status: in_force

72-31-319 . Agent's duties. (1) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall:

(a) act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest;

(b) act in good faith; and

(c) act only within the scope of authority granted in the power of attorney.

(2) Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall:

(a) act loyally for the principal's benefit;

(b) act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest;

(c) act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances;

(d) keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(e) cooperate with a person that has authority to make health care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal's best interest; and

(f) attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interest based on all relevant factors, including:

(i) the value and nature of the principal's property;

(ii) the principal's foreseeable obligations and need for maintenance;

(iii) minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and

(iv) eligibility for a benefit, a program, or assistance under a statute or regulation.

(3) An agent that acts in good faith is not liable to any beneficiary of the principal's estate plan for failure to preserve the plan.

(4) An agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.

(5) If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent's representation that the agent has special skills or expertise, the special skills or expertise must be considered in determining whether the agent has acted with care, competence, and diligence under the circumstances.

(6) Absent a breach of duty to the principal, an agent is not liable if the value of the principal's property declines.

(7) An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person.

(8) Except as otherwise provided in the power of attorney, an agent is not required to disclose receipts, disbursements, or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal's estate. If so requested, within 30 days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.
Mont. Code Ann. § 72-31-409 — MT Code / Title 72 / Chapter 31 / Part 4 / Section 72-31-409
72-31-409 Disclosure of other digital assets of principal
Status: in_force

72-31-409 . Disclosure of other digital assets of principal. Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:

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

(2) an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;

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

(4) if requested by the custodian:

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

(b) evidence linking the account to the principal.
Mont. Code Ann. § 72-34-423 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-423
72-34-423 Allocation between principal and income -- impartial exercise of discretion
Status: in_force

72-34-423 . Allocation between principal and income -- impartial exercise of discretion. (1) In allocating receipts and disbursements to or between principal and income and with respect to any other matter within the scope of this part, a fiduciary:

(a) shall administer a trust or decedent's estate in accordance with the trust or the will, even if there is a different provision in this part;

(b) may administer a trust or decedent's estate by the exercise of a discretionary power of administration given to the fiduciary by the trust or the will, even if the exercise of the power produces a result different from a result required or permitted by this part and no inference that the fiduciary has improperly exercised the discretion arises from the fact that the fiduciary has made an allocation contrary to a provision of this part;

(c) shall administer a trust or decedent's estate in accordance with this part if the trust or the will does not contain a different provision or does not give the fiduciary a discretionary power of administration; and

(d) shall add a receipt or charge a disbursement to principal to the extent that the trust or the will and this part do not provide a rule for allocating the receipt or disbursement to or between principal and income.

(2) In exercising a discretionary power of administration regarding a matter within the scope of this part, whether granted by a trust, a will, or this part, including the trustee's power to adjust under 72-34-424 (1), the fiduciary shall administer the trust or decedent's estate impartially, except to the extent that the trust or the will expresses an intention that the fiduciary shall or may favor one or more of the beneficiaries. The exercise of discretion in accordance with this part is presumed to be fair and reasonable to all beneficiaries.
Mont. Code Ann. § 72-3-212 — MT Code / Title 72 / Chapter 3 / Part 2 / Section 72-3-212
72-3-212 Informal probate -- clerk to make findings
Status: in_force

72-3-212 . Informal probate -- clerk to make findings. In an informal proceeding for original probate of a will, the clerk shall determine whether:

(1) the application 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) an original, duly executed, and apparently unrevoked will, an authenticated copy of a will probated in another jurisdiction, or an authenticated copy of a will filed without probate in another jurisdiction and proved, as provided in 72-3-220 , is in the clerk's possession;

(6) any notice required by 72-3-106 has been given and that the application is not within 72-3-213 (5); and

(7) it appears from the application that the time limit for original probate has not expired.
Mont. Code Ann. § 72-38-1010 — MT Code / Title 72 / Chapter 38 / Part 10 / Section 72-38-1010
72-38-1010 Limitation on personal liability of trustee
Status: in_force

72-38-1010 . Limitation on personal liability of trustee. (1) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.

(2) A trustee is personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.

(3) A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.
Mont. Code Ann. § 72-39-102 — MT Code / Title 72 / Chapter 39 / Part 1 / Section 72-39-102
72-39-102 Definitions
Status: in_force

72-39-102 . Definitions. In this chapter:

(1) "Appointive property" has the meaning in 72-7-102 (2).

(2) "Ascertainable standard" means a standard relating to an individual's health, education, support, or maintenance within the meaning of 26 U.S.C. 2041(b)(1)(A), as amended, or 26 U.S.C. 2514(c)(1), as amended, and any applicable regulations.

(3) "Authorized fiduciary" means:

(a) a trustee or other fiduciary, other than a settlor, that has discretion to distribute or direct a trustee to distribute part or all of the principal of the first trust to one or more current beneficiaries;

(b) a special fiduciary appointed under 72-39-205 ; or

(c) a special-needs fiduciary under 72-39-209 .

(4) "Beneficiary" means a person that:

(a) has a present or future, vested or contingent, beneficial interest in a trust;

(b) holds a power of appointment over trust property; or

(c) is an identified charitable organization that will or may receive distributions under the terms of the trust.

(5) "Charitable interest" means an interest in a trust that:

(a) is held by an identified charitable organization and makes the organization a qualified beneficiary;

(b) benefits only charitable organizations and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary; or

(c) is held solely for charitable purposes and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary.

(6) "Charitable organization" means:

(a) a person, other than an individual, organized and operated exclusively for charitable purposes; or

(b) a government or governmental subdivision, agency, or instrumentality, to the extent it holds funds exclusively for a charitable purpose.

(7) "Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of health, a municipal or other governmental purpose, or another purpose the achievement of which is beneficial to the community.

(8) "Court" means the court in this state having jurisdiction in matters relating to trusts.

(9) "Current beneficiary" means a beneficiary that on the date the beneficiary's qualification is determined is a distributee or permissible distributee of trust income or principal. The term includes the holder of a presently exercisable general power of appointment but does not include a person that is a beneficiary only because the person holds any other power of appointment.

(10) "Decanting power" or "the decanting power" means the power of an authorized fiduciary under this chapter to distribute property of a first trust to one or more second trusts or to modify the terms of the first trust.

(11) "Expanded distributive discretion" means a discretionary power of distribution that is not limited to an ascertainable standard or a reasonably definite standard.

(12) "First trust" means a trust over which an authorized fiduciary may exercise the decanting power.

(13) "First-trust instrument" means the trust instrument for a first trust.

(14) "General power of appointment" has the meaning in 72-7-102 (6).

(15) "Jurisdiction", with respect to a geographic area, includes a state or country.

(16) "Person" has the meaning in 72-38-103 (12).

(17) "Power of appointment" has the meaning in 72-7-102 (13).

(18) "Powerholder" has the meaning in 72-7-102 (14).

(19) "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 exercisable only after 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.

(20) "Qualified beneficiary" means a beneficiary that on the date the beneficiary's qualification is 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 if the interests of the distributees described in subsection (20)(a) terminated on that date without causing the trust to terminate; or

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

(21) "Reasonably definite standard" means a clearly measurable standard under which a holder of a power of distribution is legally accountable within the meaning of 26 U.S.C. 674(b)(5)(A), as amended, and any applicable regulations.

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

(23) "Second trust" means:

(a) a first trust after modification under this chapter; or

(b) a trust to which a distribution of property from a first trust is or may be made under this chapter.

(24) "Second-trust instrument" means the trust instrument for a second trust.

(25) "Settlor", except as otherwise provided in 72-39-221 , means a person, including a testator, that creates or contributes property to a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to the person's contribution except to the extent another person has power to revoke or withdraw that portion.

(26) "Sign" means, with present intent to authenticate or adopt a record:

(a) to execute or adopt a tangible symbol; or

(b) to attach to or logically associate with the record an electronic symbol, sound, or process.

(27) "State" has the meaning in 72-38-103 (20).

(28) "Terms of the trust" means:

(a) except as otherwise provided in subsection (28)(b), the manifestation of the settlor's intent regarding a trust's provisions as:

(i) expressed in the trust instrument; or

(ii) established by other evidence that would be admissible in a judicial proceeding; or

(b) the trust's provisions as established, determined, or amended by:

(i) a trustee or other person in accordance with applicable law;

(ii) a court order; or

(iii) a nonjudicial settlement agreement under 72-38-111 .

(29) "Trust instrument" means a record executed by the settlor to create a trust or by any person to create a second trust that contains some or all of the terms of the trust, including any amendments.
Mont. Code Ann. § 72-26-705 — MT Code / Title 72 / Chapter 26 / Part 7 / Section 72-26-705
72-26-705 Exemption of third person from liability
Status: in_force

72-26-705 . Exemption of third person from liability. A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:

(1) the validity of the purported custodian's designation;

(2) the propriety of or the authority under this chapter for any act of the purported custodian;

(3) the validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or

(4) the propriety of the application of any property of the minor delivered to the purported custodian.
Mont. Code Ann. § 72-5-212 — MT Code / Title 72 / Chapter 5 / Part 2 / Section 72-5-212
72-5-212 Recognition of appointment of guardian by foreign will
Status: in_force

72-5-212 . Recognition of appointment of guardian by foreign will. This state recognizes a testamentary appointment effected by filing the guardian's acceptance under a will probated in another state which is the testator's domicile.
Mont. Code Ann. § 72-2-414 — MT Code / Title 72 / Chapter 2 / Part 4 / Section 72-2-414
72-2-414 Family allowance
Status: in_force

72-2-414 . Family allowance. (1) In addition to the right to homestead allowance and exempt property, the decedent's surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by the decedent are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration, which allowance may not continue for longer than 1 year if the estate is inadequate to discharge allowed claims. The allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children, otherwise to the children or persons having their care and custody. If a minor child or dependent child is not living with the surviving spouse, the allowance may be made partially to the child or the child's guardian or other person having the child's care and custody and partially to the spouse, as their needs may appear. The family allowance is exempt from and has priority over all claims except the homestead allowance.

(2) The family allowance is not chargeable against any benefit or share passing to the surviving spouse or children by the will of the decedent unless otherwise provided, by intestate succession, or by way of elective share. The death of any person entitled to family allowance terminates the right to allowances not yet paid.
Mont. Code Ann. § 72-38-414 — MT Code / Title 72 / Chapter 38 / Part 4 / Section 72-38-414
72-38-414 Modification or termination of uneconomic trust
Status: in_force

72-38-414 . Modification or termination of uneconomic trust. (1) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than $100,000 may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration.

(2) The court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration.

(3) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
Mont. Code Ann. § 72-9-110 — MT Code / Title 72 / Chapter 9 / Part 1 / Section 72-9-110
72-9-110 Purchaser for value or lender
Status: in_force

72-9-110 . Purchaser for value or lender. (1) If a surviving spouse has apparent title to property to which this part applies, a purchaser for value or a lender taking a security interest in the property takes the purchaser's or lender's interest in the property free of any rights of the personal representative or an heir or devisee, as those terms are defined in 72-1-103 , of the decedent.

(2) If a personal representative or an heir or devisee of the decedent has apparent title to property to which this part applies, a purchaser for value or a lender taking a security interest in the property takes the purchaser's or lender's interest in the property free of any rights of the surviving spouse.

(3) A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly.

(4) The proceeds of a sale or creation of a security interest must be treated in the same manner as the property transferred to the purchaser for value or a lender.
Mont. Code Ann. § 72-34-435 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-435
72-34-435 Separate accounting records for business or other activity
Status: in_force

72-34-435 . Separate accounting records for business or other activity. (1) If a trustee who conducts a business or other activity determines that it is in the best interest of all the beneficiaries to account separately for the business or other activity instead of accounting for it as part of the trust's general accounting records, the trustee may maintain separate accounting records for its transactions, whether or not its assets are segregated from other trust assets.

(2) A trustee who accounts separately for a business or other activity may determine the extent to which its net cash receipts must be retained for working capital, the acquisition or replacement of fixed assets, and its other reasonably foreseeable needs, and the extent to which the remaining net cash receipts are accounted for as principal or income in the trust's general accounting records. If a trustee sells assets of the business or other activity, other than in the ordinary course of the business or other activity, the trustee shall account for the net amount received as principal in the trust's general accounting records to the extent the trustee determines that the amount received is no longer required in the conduct of the business or other activity.

(3) Businesses and other activities for which a trustee may maintain separate accounting records include the following:

(a) retail, manufacturing, service, and other traditional business activities;

(b) farming;

(c) raising and selling livestock and other animals;

(d) managing rental properties;

(e) extracting minerals and other natural resources;

(f) timber operations; and

(g) activities to which 72-34-446 applies.
Mont. Code Ann. § 72-2-120 — MT Code / Title 72 / Chapter 2 / Part 1 / Section 72-2-120
72-2-120 Debts to decedent
Status: in_force

72-2-120 . Debts to decedent. A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's descendants.
Mont. Code Ann. § 72-31-328 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-328
72-31-328 Remedies under other law
Status: in_force

72-31-328 . Remedies under other law. The remedies under this part are not exclusive and do not abrogate any right or remedy under the law of this state other than this part.
Mont. Code Ann. § 72-34-449 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-449
72-34-449 Disbursements from principal
Status: in_force

72-34-449 . Disbursements from principal. (1) A trustee shall make the following disbursements from principal:

(a) except as otherwise ordered by the court, the remaining one-half of the disbursements described in 72-34-448 (1) and (2);

(b) except as otherwise ordered by the court, all of the trustee's compensation calculated on principal as a fee for acceptance, distribution, or termination and disbursements made to prepare property for sale;

(c) payments on the principal of a trust debt;

(d) expenses of a proceeding that concerns primarily principal, including a proceeding to construe the trust or to protect the trust or its property;

(e) premiums paid on a policy of insurance not described in 72-34-448 (4) of which the trust is the owner and beneficiary;

(f) estate, inheritance, and other transfer taxes, including penalties, apportioned to the trust; and

(g) disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties, and defending claims based on environmental matters.

(2) If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.
Mont. Code Ann. § 72-38-1004 — MT Code / Title 72 / Chapter 38 / Part 10 / Section 72-38-1004
72-38-1004 Attorney fees and costs
Status: in_force

72-38-1004 . Attorney fees and costs. In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.
Mont. Code Ann. § 72-5-614 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-614
72-5-614 Special jurisdiction
Status: in_force

72-5-614 . Special jurisdiction. (1) A court of this state lacking jurisdiction under 72-5-613 (1) through (3) has special jurisdiction to do any of the following:

(a) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state;

(b) issue a protective order with respect to real or tangible personal property located in this state;

(c) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to 72-5-624 .

(2) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
Mont. Code Ann. § 72-6-214 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-214
72-6-214 Accounts and transfers nontestamentary
Status: in_force

72-6-214 . Accounts and transfers nontestamentary. Except as provided in Title 72, chapter 2, part 2, or as a consequence of and to the extent directed by 72-6-228 , a transfer resulting from the application of 72-6-212 is effective by reason of the terms of the account involved and this part and is not testamentary or subject to Title 72, chapters 1 through 5.
Mont. Code Ann. § 72-3-527 — MT Code / Title 72 / Chapter 3 / Part 5 / Section 72-3-527
72-3-527 Successor personal representative
Status: in_force

72-3-527 . Successor personal representative. (1) Parts 2 and 3 of this chapter govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated.

(2) After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and a notice, process, or claim that was given or served upon the former personal representative is not required to be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may have obtained or preserved with reference to the former personal representative.

(3) Except as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration that the former personal representative would have had if the former personal representative's appointment had not been terminated.
Mont. Code Ann. § 72-5-322 — MT Code / Title 72 / Chapter 5 / Part 3 / Section 72-5-322
72-5-322 Petition of guardian for treatment of ward
Status: in_force

72-5-322 . Petition of guardian for treatment of ward. (1) If a guardian believes that the guardian's ward should receive medical treatment for a mental disorder and the ward refuses, the court may, upon petition by the guardian, grant an order for evaluation or treatment. However, the order may not forcibly detain the ward against the ward's will for more than 72 hours.

(2) The ward is entitled to the assignment of counsel, in accordance with the provisions of the Montana Public Defender Act, Title 47, chapter 1, and a hearing along with all the other rights guaranteed to a person with a mental disorder and who requires commitment under 53-21-114 , 53-21-115 , 53-21-119 , and 53-21-120 .
Mont. Code Ann. § 72-39-205 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-205
72-39-205 Court involvement
Status: in_force

72-39-205 . Court involvement. (1) On application of an authorized fiduciary, a person entitled to notice under 72-39-203 (3), a beneficiary, or with respect to a charitable interest the attorney general or other person that has standing to enforce the charitable interest, the court may:

(a) provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this chapter and consistent with the fiduciary duties of the authorized fiduciary;

(b) appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this chapter and to exercise the decanting power;

(c) approve an exercise of the decanting power;

(d) determine that a proposed or attempted exercise of the decanting power is ineffective because:

(i) after applying 72-39-218 , the proposed or attempted exercise does not or did not comply with this chapter; or

(ii) the proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;

(e) determine the extent to which 72-39-218 applies to a prior exercise of the decanting power;

(f) provide instructions to the trustee regarding the application of 72-39-218 to a prior exercise of the decanting power; or

(g) order other relief to carry out the purposes of this chapter.

(2) On application of an authorized fiduciary, the court may approve:

(a) an increase in the fiduciary's compensation under 72-39-212 ; or

(b) a modification under 72-39-214 of a provision granting a person the right to remove or replace the fiduciary.
Mont. Code Ann. § 72-31-414 — MT Code / Title 72 / Chapter 31 / Part 4 / Section 72-31-414
72-31-414 Fiduciary duty and authority
Status: in_force

72-31-414 . Fiduciary duty and authority. (1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:

(a) the duty of care;

(b) the duty of loyalty; and

(c) the duty of confidentiality.

(2) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:

(a) except as otherwise provided in 72-31-405 , is subject to the applicable terms of service;

(b) is subject to other applicable law, including copyright law;

(c) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and

(d) may not be used to impersonate the user.

(3) A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.

(4) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including 45-6-311 .

(5) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:

(a) has the right to access the property and any digital asset stored in it; and

(b) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including 45-6-311 .

(6) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.

(7) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:

(a) if the user is deceased, a certified copy of the death certificate of the user;

(b) a certified copy of the letter of appointment of the representative or a collection of personal property affidavit or court order, court order, power of attorney, or trust giving the fiduciary authority over the account; and

(c) if requested by the custodian:

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

(ii) evidence linking the account to the user; or

(iii) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subsection (7)(c)(i).
Mont. Code Ann. § 72-3-310 — MT Code / Title 72 / Chapter 3 / Part 3 / Section 72-3-310
72-3-310 Burdens in contested cases
Status: in_force

72-3-310 . Burdens in contested cases. In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases and, if they are also petitioners, prima facie proof of death and venue. Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. Parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof.
Mont. Code Ann. § 72-3-103 — MT Code / Title 72 / Chapter 3 / Part 1 / Section 72-3-103
72-3-103 Necessity of appointment for administration
Status: in_force

72-3-103 . Necessity of appointment for administration. Except as otherwise provided in chapter 4, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or clerk, qualify, and be issued letters. Administration of an estate is commenced by the issuance of letters.
Mont. Code Ann. § 72-3-303 — MT Code / Title 72 / Chapter 3 / Part 3 / Section 72-3-303
72-3-303 Formal proceeding supersedes all informal applications
Status: in_force

72-3-303 . Formal proceeding supersedes all informal applications. During the pendency of a formal testacy proceeding, the clerk shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent.
Mont. Code Ann. § 72-39-219 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-219
72-39-219 Trust for care of animal
Status: in_force

72-39-219 . Trust for care of animal. (1) In this section:

(a) "Animal trust" means a trust or an interest in a trust created to provide for the care of one or more animals.

(b) "Protector" means a person appointed in an animal trust to enforce the trust on behalf of the animal or, if no such person is appointed in the trust, a person appointed by the court for that purpose.

(2) The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under this chapter if each animal that benefits from the trust were an individual, if the protector consents in a signed record to the exercise of the power.

(3) A protector for an animal has the rights under this chapter of a qualified beneficiary.

(4) Notwithstanding any other provision of this chapter, if a first trust is an animal trust, in an exercise of the decanting power, the second trust must provide that trust property may be applied only to its intended purpose for the period the first trust benefitted the animal.
Mont. Code Ann. § 72-31-322 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-322
72-31-322 Agent's liability
Status: in_force

72-31-322 . Agent's liability. An agent that violates this part is liable to the principal or the principal's successors in interest for the amount required to:

(1) restore the value of the principal's property to what it would have been had the violation not occurred; and

(2) reimburse the principal or the principal's successors in interest for the attorney fees and costs paid on the agent's behalf.
Mont. Code Ann. § 72-38-411 — MT Code / Title 72 / Chapter 38 / Part 4 / Section 72-38-411
72-38-411 Modification or termination of irrevocable trust by consent
Status: in_force

72-38-411 . Modification or termination of irrevocable trust by consent. (1) An irrevocable trust may be modified or terminated upon consent of the settlor and all beneficiaries, even if the modification or termination is inconsistent with a material noncharitable purpose of the trust. Modification or termination of a charitable trust requires the consent of the attorney general. A settlor's power to consent to a trust's modification or termination may be exercised by an agent under a power of attorney only to the extent expressly authorized by the power of attorney and the terms of the trust; by the settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or by the settlor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed. This subsection does not apply to irrevocable trusts created before or to revocable trusts that became irrevocable before October 1, 1989.

(2) An irrevocable trust may be terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. An irrevocable trust may be modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust. Modification or termination of a charitable trust requires the consent of the attorney general.

(3) For the purposes of this section, a spendthrift provision in the terms of the trust is not presumed to constitute a material purpose of the trust.

(4) Upon termination of a trust under subsection (1) or (2), the trustee shall distribute the trust property as agreed by the beneficiaries. In the case of a charitable trust, the trust property must be distributed in accord with the terms of the trust, and in the absence of applicable terms, consistent with the charitable purposes of the trust as agreed by the attorney general and the beneficiaries or, if there are no charitable organizations with the rights of a beneficiary and the termination is pursuant to subsection (1), then as agreed by the settlor and the attorney general, but if the termination is pursuant to subsection (2), then as decided by the court.

(5) If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection (1) or (2), the modification or termination may be approved by the court if the court is satisfied that:

(a) if all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and

(b) the interests of a beneficiary who does not consent will be adequately protected.
Mont. Code Ann. § 72-3-525 — MT Code / Title 72 / Chapter 3 / Part 5 / Section 72-3-525
72-3-525 Termination of appointment -- voluntary
Status: in_force

72-3-525 . Termination of appointment -- voluntary. A personal representative may resign the position by filing a written statement of resignation with the clerk after the personal representative has given at least 15 days' written notice to the persons known to be interested in the estate. If no one applies or petitions for appointment of a successor representative within the time indicated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to the successor representative.
Mont. Code Ann. § 72-38-412 — MT Code / Title 72 / Chapter 38 / Part 4 / Section 72-38-412
72-38-412 Modification or termination because of unanticipated circumstances or inability to administer trust effectively
Status: in_force

72-38-412 . Modification or termination because of unanticipated circumstances or inability to administer trust effectively. (1) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.

(2) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.

(3) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
Mont. Code Ann. § 72-7-602 — MT Code / Title 72 / Chapter 7 / Part 6 / Section 72-7-602
72-7-602 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

72-7-602 . Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
Mont. Code Ann. § 72-3-320 — MT Code / Title 72 / Chapter 3 / Part 3 / Section 72-3-320
72-3-320 Nondomiciliary decedent -- will filed and not probated in domiciliary state
Status: in_force

72-3-320 . 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. § 72-7-304 — MT Code / Title 72 / Chapter 7 / Part 3 / Section 72-7-304
72-7-304 Substantial compliance with donor-imposed formal requirement
Status: in_force

72-7-304 . Substantial compliance with donor-imposed formal requirement. A powerholder's substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if:

(1) the powerholder knows of and intends to exercise the power; and

(2) the powerholder's manner of attempted exercise of the power does not impair a material purpose of the donor in imposing the requirement.
Mont. Code Ann. § 72-17-213 — MT Code / Title 72 / Chapter 17 / Part 2 / Section 72-17-213
72-17-213 Routine inquiry and required request -- search and notification
Status: in_force

72-17-213 . Routine inquiry and required request -- search and notification. (1) At or near the time of death of a hospitalized patient, the hospital administrator or a representative designated by the administrator shall notify the appropriate procurement organization and, if the reason for death falls under 46-4-122 , the coroner with jurisdiction of the imminent or actual death of the patient and, in collaboration with the procurement organization, shall ensure that a trained designated requester is readily available to discuss donation opportunities with a person authorized under 72-17-214 to make an anatomical gift. The person designated must be a representative of a procurement organization or a person who has had training provided by or approved by a procurement organization.

(2) When a hospital refers an individual at or near death to a procurement organization, the organization:

(a) shall make a reasonable search of the records of the department of justice and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift;

(b) must be allowed reasonable access to information in the records of the department of justice to ascertain whether an individual at or near death is a donor; and

(c) may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.

(3) A hospital, as soon as practical after the arrival of an individual reasonably believed to be dead or near death, shall make a reasonable search of the individual for a document of gift or other information identifying the bearer as a donor or as an individual who has refused to make an anatomical gift if there is not immediately available any other source of that information.

(4) If a document of gift or evidence of refusal to make an anatomical gift is located by the search required by subsection (3) and the individual or body to whom it relates is taken to a hospital, the hospital must be notified of the contents and the document or other evidence must be sent to the hospital.

(5) If, at or near the time of death of a patient, a hospital knows that an anatomical gift has been made pursuant to 72-17-214 (1) or a release and removal of a part has been permitted pursuant to 72-17-215 or that a patient or an individual identified as in transit to the hospital is a donor, the hospital shall notify the donee if one is named and known to the hospital; if not, it shall notify an appropriate procurement organization. The hospital shall cooperate in the implementation of the anatomical gift or release and removal of a part.

(6) A person who fails to discharge the duties imposed by this section is not subject to criminal or civil liability but may be subject to appropriate administrative sanctions.

(7) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.

(8) Upon referral by a hospital under subsection (2), a procurement organization shall make a reasonable search for any person listed in 72-17-214 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.
Mont. Code Ann. § 72-34-433 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-433
72-34-433 Allocation of receipts to income or principal -- entity defined
Status: in_force

72-34-433 . Allocation of receipts to income or principal -- entity defined. (1) For the purposes of this section, "entity" means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund, or any other organization in which a trustee has an interest other than a trust or decedent's estate to which 72-34-434 applies, a business or activity to which 72-34-435 applies, or an asset-backed security to which 72-34-447 applies.

(2) Except as otherwise provided in this section, a trustee shall allocate to income money received from an entity.

(3) A trustee shall allocate to principal the following receipts from an entity:

(a) property other than money;

(b) money received in one distribution or a series of related distributions in exchange for part or all of a trust's interest in the entity;

(c) money received in total or partial liquidation of the entity; and

(d) money received from an entity that is a regulated investment company or a real estate investment trust if the money distributed is a capital gain dividend for federal income tax purposes.

(4) For purposes of subsection (3)(c):

(a) money is received in partial liquidation:

(i) to the extent that the entity, at or near the time of a distribution, indicates that it is a distribution in partial liquidation; or

(ii) if the total amount of money and property received in a distribution or series of related distributions is greater than 20% of the entity's gross assets, as shown by the entity's yearend financial statements immediately preceding the initial receipt;

(b) money is not received in partial liquidation, nor may it be taken into account under subsection (4)(a)(ii), to the extent that it does not exceed the amount of income tax that a trustee or beneficiary is required to pay on taxable income of the entity that distributes the money.

(5) A trustee may rely on a statement made by an entity about the source or character of a distribution if the statement is made at or near the time of distribution by the entity's board of directors or other person or group of persons authorized to exercise powers to pay money or transfer property comparable to those of a corporation's board of directors.
Mont. Code Ann. § 72-7-206 — MT Code / Title 72 / Chapter 7 / Part 2 / Section 72-7-206
72-7-206 Power to revoke or amend
Status: in_force

72-7-206 . Power to revoke or amend. A donor may revoke or amend a power of appointment only to the extent that:

(1) the instrument creating the power is revocable by the donor; or

(2) the donor reserves a power of revocation or amendment in the instrument creating the power of appointment.
Mont. Code Ann. § 72-39-217 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-217
72-39-217 Need to distribute not required
Status: in_force

72-39-217 . Need to distribute not required. An authorized fiduciary may exercise the decanting power whether or not under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.
Mont. Code Ann. § 72-2-619 — MT Code / Title 72 / Chapter 2 / Part 6 / Section 72-2-619
72-2-619 Ademption by satisfaction
Status: in_force

72-2-619 . Ademption by satisfaction. (1) Property that a testator gave in the testator's lifetime to a person is treated as a satisfaction of a devise in whole or in part only if:

(a) the will provides for deduction of the gift;

(b) the testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise; or

(c) the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.

(2) For purposes of partial satisfaction, property given during the testator's lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first.

(3) If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying 72-2-613 and 72-2-614 , unless the testator's contemporaneous writing provides otherwise.
Mont. Code Ann. § 72-14-402 — MT Code / Title 72 / Chapter 14 / Part 4 / Section 72-14-402
72-14-402 Claim for money deposited in county treasury
Status: in_force

72-14-402 . Claim for money deposited in county treasury. When any person appears and claims the money paid into the county treasury, the district court of the county shall inquire into the claim and, if satisfied of the person's right to the money, shall make an order to that effect. Upon presentation of the order, the treasurer shall draw a warrant on the special fund for the amount to which the claimant is entitled.
Mont. Code Ann. § 72-38-903 — MT Code / Title 72 / Chapter 38 / Part 9 / Section 72-38-903
72-38-903 Diversification -- duty of trustee -- exception
Status: in_force

72-38-903 . Diversification -- duty of trustee -- exception. (1) Subject to subsection (2), in making and implementing investment decisions, the trustee has a duty to diversify the investments of the trust unless, under the circumstances, it is not prudent to do so.

(2) If trust assets include farm or ranch property, a closely held family business, timber interests, or interests in oil, gas, or minerals, the trustee may elect to retain those assets. A trustee's exercise of discretion to retain assets of the character described in this subsection is not a breach of the trustee's duty to diversify investments.
Mont. Code Ann. § 72-2-525 — MT Code / Title 72 / Chapter 2 / Part 5 / Section 72-2-525
72-2-525 Who may witness
Status: in_force

72-2-525 . Who may witness. (1) An individual generally competent to be a witness may act as a witness to a will.

(2) The signing of a will by an interested witness does not invalidate the will or any provision of it.
Mont. Code Ann. § 72-5-450 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-450
72-5-450 Production of protected person's other relevant estate plan documents
Status: in_force

72-5-450 . Production of protected person's other relevant estate plan documents. (1) As used in this section, "estate plan of the protected person" includes but is not limited to:

(a) the protected person's will;

(b) any trust of which the protected person is the settlor or beneficiary;

(c) any power of appointment created by or exercisable by the protected person; and

(d) any contract, transfer, or joint ownership arrangement with provisions for payment or transfer of benefits or interests at the protected person's death to another or others that the protected person may have originated.

(2) Notwithstanding 26-1-803 or any case law relating to the attorney-client privilege, the court in its discretion may order that any person having possession of any document constituting all or part of the estate plan of the protected person shall deliver the document to the court for examination by the court and, in the discretion of the court, by the attorneys for the persons who have appeared in the proceedings under 72-5-444 through 72-5-450 in connection with the petition filed under 72-5-444 through 72-5-450 .

(3) Unless the court otherwise orders, a person who examines any document produced pursuant to an order under this section may not disclose the contents of the document to any other person. If that disclosure is made, the court may adjudge the person making the disclosure to be in contempt of court.

(4) For good cause, the court may order that a document constituting all or part of the estate plan of the protected person, whether or not produced pursuant to an order under this section, must be delivered for safekeeping to the custodian designated by the court. The court may impose conditions that it determines are appropriate for holding and safeguarding the document. The court may authorize the conservator to take any action a depositor may take under Montana law.
Mont. Code Ann. § 72-34-436 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-436
72-34-436 Amounts allocated to principal
Status: in_force

72-34-436 . Amounts allocated to principal. A trustee shall allocate to principal:

(1) to the extent not allocated to income under this chapter, assets received from a transferor during the transferor's lifetime, a decedent's estate, a trust with a terminating income interest, or a payer under a contract naming the trust or its trustee as beneficiary;

(2) subject to any contrary rules in 72-34-433 through 72-34-447 , money or other property received from the sale, exchange, liquidation, or change in form of a principal asset, including realized profit;

(3) amounts recovered from third parties to reimburse the trust because of disbursements described in 72-34-449 (1)(g) or for other reasons to the extent not based on the loss of income;

(4) proceeds of property taken by eminent domain, but a separate award made for the loss of income with respect to an accounting period during which a current income beneficiary had a mandatory income interest is income;

(5) net income received in an accounting period during which there is no beneficiary to whom a trustee may or is required to distribute income; and

(6) other receipts allocated to principal as provided in 72-34-440 through 72-34-447 .
Mont. Code Ann. § 72-15-209 — MT Code / Title 72 / Chapter 15 / Part 2 / Section 72-15-209
72-15-209 Power of public administrator to administer oaths
Status: in_force

72-15-209 . Power of public administrator to administer oaths. Public administrators may administer oaths in regard to all matters touching the discharge of their duties or the administration of estates in their hands.
Mont. Code Ann. § 72-3-911 — MT Code / Title 72 / Chapter 3 / Part 9 / Section 72-3-911
72-3-911 Successors' rights if no administration
Status: in_force

72-3-911 . Successors' rights if no administration. (1) In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession.

(2) Devisees may establish title by the probated will to devised property. Persons entitled to property by homestead allowance, exemption, or intestacy may establish title to the property by proof of the decedent's ownership, the decedent's death, and their relationship to the decedent.

(3) Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children and subject to the rights of others resulting from abatement, retainer, advancement, and ademption.
Mont. Code Ann. § 72-2-718 — MT Code / Title 72 / Chapter 2 / Part 7 / Section 72-2-718
72-2-718 Class gifts to "descendants", "issue", or "heirs of the body" -- form of distribution if none specified
Status: in_force

72-2-718 . Class gifts to "descendants", "issue", or "heirs of the body" -- form of distribution if none specified. If a class gift in favor of "descendants", "issue", or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment in such shares as they would receive under the applicable law of intestate succession if the designated ancestor had then died intestate owning the subject matter of the class gift.
Mont. Code Ann. § 72-7-310 — MT Code / Title 72 / Chapter 7 / Part 3 / Section 72-7-310
72-7-310 Disposition of unappointed property under released or unexercised general power
Status: in_force

72-7-310 . Disposition of unappointed property under released or unexercised general power. To the extent a powerholder releases or fails to exercise a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust:

(1) the gift-in-default clause controls the disposition of the unappointed property; or

(2) if there is no gift-in-default clause or to the extent the clause is ineffective:

(a) except as otherwise provided in subsection (2)(b), the unappointed property passes to:

(i) the powerholder if the powerholder is a permissible appointee and living; or

(ii) if the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or

(b) to the extent the powerholder released the power or if there is no taker under subsection (2)(a), the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
Mont. Code Ann. § 72-4-309 — MT Code / Title 72 / Chapter 4 / Part 3 / Section 72-4-309
72-4-309 Proof of authority -- bond
Status: in_force

72-4-309 . Proof of authority -- bond. If a local administration or application or petition for local administration is not pending in this state, a domiciliary foreign personal representative may file with a court in this state in a county in which property belonging to the decedent is located, authenticated copies of the domiciliary foreign personal representative's appointment and of any official bond that the domiciliary foreign personal representative has given.
Mont. Code Ann. § 72-6-204 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-204
72-6-204 Forms
Status: in_force

72-6-204 . Forms. (1) A contract of deposit that contains provisions in substantially the following form establishes the type of account provided, and the account is governed by the provisions of this part applicable to an account of that type:

UNIFORM SINGLE- OR MULTIPLE-PARTY ACCOUNT FORM

PARTIES [Name One or More Parties]:

OWNERSHIP [Select One and Initial]:

..... SINGLE-PARTY ACCOUNT

..... MULTIPLE-PARTY ACCOUNT

Parties own account in proportion to net contributions unless there is clear and convincing evidence of a different intent. However, any one party may withdraw the entire amount on deposit in the account.

CHANGING TERMS OF ACCOUNT [Select One and Each Party Initial]:

..... MULTIPLE-PARTY ACCOUNT'S TERMS MAY BE CHANGED BY A SINGLE PARTY

..... MULTIPLE-PARTY ACCOUNT'S TERMS MAY BE CHANGED ONLY BY AGREEMENT OF ALL PARTIES

RIGHTS AT DEATH [Select One and Initial]:

..... SINGLE-PARTY ACCOUNT

At death of party, ownership passes as part of party's estate.

..... SINGLE-PARTY ACCOUNT WITH POD (PAY ON DEATH) DESIGNATION

[Name One or More Beneficiaries]:

At death of party, ownership passes to POD beneficiaries and is not part of party's estate.

..... MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP

At death of party, ownership passes to surviving parties.

..... MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND POD (PAY ON DEATH) DESIGNATION

[Name One or More Beneficiaries]:

At death of last surviving party, ownership passes to POD beneficiaries and is not part of last surviving party's estate.

..... MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP

At death of party, deceased party's ownership passes as part of deceased party's estate.

AGENCY (POWER OF ATTORNEY) DESIGNATION

Agents may make account transactions for parties but have no ownership or rights at death unless named as POD beneficiaries.

[To Add Agency Designation to Account, Name One or More Agents]:

[Select One And Initial]:

..... AGENCY DESIGNATION SURVIVES DISABILITY OR INCAPACITY OF PARTIES

..... AGENCY DESIGNATION TERMINATES ON DISABILITY OR INCAPACITY OF PARTIES

(2) A contract of deposit that does not contain provisions in substantially the form provided in subsection (1) is governed by the provisions of this part applicable to the type of account that most nearly conforms to the depositor's intent.
Mont. Code Ann. § 72-31-338 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-338
72-31-338 Construction of authority generally
Status: in_force

72-31-338 . Construction of authority generally. Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates a subject described in 72-31-339 through 72-31-352 or that grants to an agent authority to do all acts that a principal could do pursuant to 72-31-336 (3), a principal authorizes the agent, with respect to that subject, to:

(1) demand, receive, and obtain, by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled and conserve, invest, disburse, or use anything so received for the purposes intended;

(2) contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;

(3) execute, acknowledge, seal, file, and record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney;

(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;

(5) seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized by the power of attorney;

(6) engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;

(7) prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute or regulation;

(8) communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality on behalf of the principal;

(9) access communications intended for and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and

(10) do any other lawful act with respect to the subject and all property related to the subject.
Mont. Code Ann. § 72-14-103 — MT Code / Title 72 / Chapter 14 / Part 1 / Section 72-14-103
72-14-103 Duty of attorney general -- employment of special assistant
Status: in_force

72-14-103 . Duty of attorney general -- employment of special assistant. (1) The attorney general of the state of Montana shall be the legal adviser in connection with all escheated property matters, and it is the duty of the attorney general to institute investigations and conduct inquiries for the discovery of all real and personal property which may have escheated or should escheat to the state and for that purpose has the power to cite any and all persons before any of the district courts of this state to answer investigations and render accounts concerning said property, real or personal, and to examine all books and papers of any and all corporations. When any real or personal property is discovered which should escheat to the state, the attorney general must institute suit in the district court of the county where said property shall be situated for the recovery and to escheat the same to the state and shall take all steps necessary to secure such escheat. The proceedings in all such actions shall be those provided for in parts 1 through 3 of this chapter.

(2) For this purpose the attorney general is authorized and empowered to employ a special assistant and incur necessary expenses subject to appropriation limitations.
Mont. Code Ann. § 72-7-104 — MT Code / Title 72 / Chapter 7 / Part 1 / Section 72-7-104
72-7-104 Common law and principles of equity
Status: in_force

72-7-104 . Common law and principles of equity. The common law and principles of equity supplement this act, except to the extent modified by this act or a law of this state other than this act.
Mont. Code Ann. § 72-38-112 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-112
72-38-112 Rules of construction
Status: in_force

72-38-112 . Rules of construction. The rules of construction that apply in this state to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.
Mont. Code Ann. § 72-38-701 — MT Code / Title 72 / Chapter 38 / Part 7 / Section 72-38-701
72-38-701 Accepting or declining trusteeship
Status: in_force

72-38-701 . Accepting or declining trusteeship. (1) Except as otherwise provided in subsection (3), a person designated as trustee accepts the trusteeship:

(a) by substantially complying with a method of acceptance provided in the terms of the trust; or

(b) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship.

(2) A person designated as trustee who has not yet accepted the trusteeship may reject the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is considered to have rejected the trusteeship.

(3) A person designated as trustee, without accepting the trusteeship, may:

(a) act to preserve the trust property if, within a reasonable time after acting, the person sends a rejection of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary; and

(b) inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose.
Mont. Code Ann. § 72-3-106 — MT Code / Title 72 / Chapter 3 / Part 1 / Section 72-3-106
72-3-106 Interested person's right to demand notice of order or filing
Status: in_force

72-3-106 . Interested person's right to demand notice of order or filing. (1) A person desiring notice of an order or filing pertaining to a decedent's estate in which the person has a financial or property interest may file a demand for notice with the court at any time after the death of the decedent stating:

(a) the name of the decedent;

(b) the nature of the demandant's interest in the estate; and

(c) the demandant's address or that of the demandant's attorney.

(2) The clerk shall mail a copy of the demand to the personal representative if one has been appointed.

(3) After filing of a demand, an order or filing to which the demand relates may not be made or accepted without notice as prescribed in 72-1-301 to the demandant or the demandant's attorney. The validity of an order that is issued or filing that is accepted without compliance with this requirement may not be affected by the error, but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice.

(4) The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and must cease upon the termination of the demandant's interest in the estate.
Mont. Code Ann. § 72-38-815 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-815
72-38-815 General powers of trustee
Status: in_force

72-38-815 . General powers of trustee. (1) A trustee, without authorization by the court, may exercise:

(a) powers conferred by the terms of the trust; and

(b) except as limited by the terms of the trust:

(i) all powers over the trust property that an unmarried competent owner has over individually owned property;

(ii) any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and

(iii) any other powers conferred by this chapter.

(2) The exercise of a power is subject to the fiduciary duties prescribed by 72-38-801 through 72-38-817 .
Mont. Code Ann. § 72-3-907 — MT Code / Title 72 / Chapter 3 / Part 9 / Section 72-3-907
72-3-907 Purchases from distributees protected
Status: in_force

72-3-907 . Purchases from distributees protected. (1) If property distributed in kind or a security interest in that property is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative or is so acquired by a purchaser from or lender to a transferee from the distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate or to any interested person, whether or not the distribution was proper or supported by court order or the authority of the personal representative was terminated before execution of the instrument or deed.

(2) This section protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to the personal representative distributee, as well as a purchaser from or lender to any other distributee or the distributee's transferee. To be protected under this provision, a purchaser or lender need not inquire as to whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated before the distribution. Any recorded instrument described in this section is prima facie evidence that the transfer was made for value.

(3) For purposes of this section, the term "purchaser" includes any lessee or other person acquiring any interest in the property for value.
Mont. Code Ann. § 72-2-713 — MT Code / Title 72 / Chapter 2 / Part 7 / Section 72-2-713
72-2-713 Choice of law as to meaning and effect of governing instrument
Status: in_force

72-2-713 . Choice of law as to meaning and effect of governing instrument. The meaning and legal effect of a governing instrument is determined by the local law of the state selected by the transferor in the governing instrument unless the application of that law is contrary to the provisions relating to the elective share described in part 7, the provisions relating to exempt property and allowances described in part 8, or any other public policy of this state otherwise applicable to the disposition.