reglab/housing_qa huggingface dataset:
MT Code § 72-3-916 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 9. Special Provisions Relating to Distribution|72-3-916. Distribution to trustee -- registration -- bond

  72-3-916. Distribution to trustee -- registration -- bond. (1) Before making a distribution to a trustee, the personal representative may require that the trust be registered if the state in which it is to be administered provides for registration and may require that the trustee inform in writing the current beneficiaries and, if possible, one or more persons who under 72-1-303 may represent beneficiaries with future interests of the trustee's name and address and provide each with a copy of the terms of the trust that describe or affect the interest of the beneficiaries and with relevant information about the assets of the trust and the particulars relating to the administration.   (2) If the trust instrument does not excuse the trustee from posting bond, the personal representative may petition the appropriate court to require that the trustee post bond if the personal representative believes that distribution might jeopardize the interests of persons who are not able to protect themselves and the personal representative may withhold distribution until the court has acted.   (3) An inference of negligence on the part of the personal representative may not be drawn from the personal representative's failure to exercise the authority conferred by subsections (1) and (2).   History: En. 91A-3-913 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-913; amd. Sec. 4, Ch. 6, L. 1979; amd. Sec. 2381, Ch. 56, L. 2009; amd. Sec. 36, Ch. 19, L. 2011.
MT Code § 72-3-917 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 9. Special Provisions Relating to Distribution|72-3-917. Distribution to person under disability

  72-3-917. Distribution to person under disability. (1) A personal representative may discharge the personal representative's obligation to distribute to any person under legal disability by distributing in a manner expressly provided in the will.   (2) Unless contrary to an express provision in the will, the personal representative may discharge the personal representative's obligation to distribute to a minor or person under other disability as authorized by 72-5-104 or any other statute. If the personal representative knows that a conservator has been appointed or that a proceeding for appointment of a conservator is pending, the personal representative is authorized to distribute only to the conservator.   (3) (a) If the heir or devisee is under disability other than minority, the personal representative is authorized to distribute to:   (i) an attorney-in-fact who has authority under a power of attorney to receive property for that person; or   (ii) the spouse, parent, or other close relative with whom the person under disability resides if the distribution is of amounts not exceeding $10,000 a year or property not exceeding $50,000 in value, unless the court authorizes a larger amount or greater value.   (b) Any person receiving money or property for the disabled person is obligated to apply the money or property to the support of the disabled person, but the receiving person may not accept any pay except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the support of the disabled person. Excess sums must be preserved for future support of the disabled person. The personal representative is not responsible for the proper application of money or property distributed pursuant to this subsection (3).   History: En. 91A-3-915 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-915; amd. Sec. 15, Ch. 582, L. 1989; amd. Sec. 64, Ch. 7, L. 2001; amd. Sec. 25, Ch. 109, L. 2011; amd. Sec. 77, Ch. 313, L. 2019.
MT Code § 72-3-918 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 9. Special Provisions Relating to Distribution|72-3-918. Disposition of unclaimed assets -- escheat

  72-3-918. Disposition of unclaimed assets -- escheat. (1) If an heir, devisee, or claimant cannot be found, the personal representative shall distribute the missing person's share to the person's conservator, if any, otherwise to the department of revenue to be deposited in the state escheat fund as provided in Title 72, chapter 14.   (2) A person having any claim to a share deposited in the state escheat fund under the provisions of this code shall follow the procedures set out in Title 72, chapter 14, concerning escheated estates, to claim the share.   History: En. 91A-3-914 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-914; amd. Sec. 2382, Ch. 56, L. 2009.
MT Code § 72-3-1001 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 10. Closing Estates|72-3-1001. Formal proceedings terminating administration -- testate or intestate -- order of complete settlement

  72-3-1001. Formal proceedings terminating administration -- testate or intestate -- order of complete settlement. (1) A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time, and any other interested person may petition after 1 year from the appointment of the original personal representative, except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired.   (2) The petition may request the court to determine testacy, if not previously determined, to consider the final account or compel or approve an accounting and distribution, to construe any will or determine heirs, and to adjudicate the final settlement and distribution of the estate.   (3) After notice to all interested persons and hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any interested person.   History: En. 91A-3-1001 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1001(1).
MT Code § 72-3-1002 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 10. Closing Estates|72-3-1002. Order of complete settlement as to persons previously omitted or unnotified in previous formal testacy proceeding

  72-3-1002. Order of complete settlement as to persons previously omitted or unnotified in previous formal testacy proceeding. If one or more heirs or devisees were omitted as parties in or were not given notice of a previous formal testacy proceeding, the court, on proper petition for an order of complete settlement of the estate under 72-3-1001 and after notice to the omitted or unnotified persons and other interested parties determined to be interested on the assumption that the previous order concerning testacy is conclusive as to those given notice of the earlier proceeding, may determine testacy as it affects the omitted persons and confirm or alter the previous order of testacy as it affects all interested persons as appropriate in the light of the new proofs. In the absence of objection by an omitted or unnotified person, evidence received in the original testacy proceeding shall constitute prima facie proof of due execution of any will previously admitted to probate or of the fact that the decedent left no valid will if the prior proceedings determined this fact.   History: En. 91A-3-1001 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1001(2).
MT Code § 72-3-1003 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 10. Closing Estates|72-3-1003. Formal proceedings terminating administration under informally probated will -- settlement order construing will without adjudicating testacy

  72-3-1003. Formal proceedings terminating administration under informally probated will -- settlement order construing will without adjudicating testacy. (1) A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order of settlement of the estate that will not adjudicate the testacy status of the decedent. The personal representative may petition at any time and a devisee may petition after 1 year from the appointment of the original personal representative, except that a petition under this section may not be entertained until the time for presenting claims that arose prior to the death of the decedent has expired.   (2) The petition may request the court to consider the final account or compel or approve an accounting and distribution, to construe the will, and adjudicate final settlement and distribution of the estate. After notice to all devisees and the personal representative and hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate under the will and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any devisee who is a party to the proceeding and those the devisee represents. If it appears that a part of the estate is intestate, the proceedings must be dismissed or amendments must be made to meet the provisions of 72-3-1001 and 72-3-1002.   History: En. 91A-3-1002 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1002; amd. Sec. 2383, Ch. 56, L. 2009.
MT Code § 72-3-1004 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 10. Closing Estates|72-3-1004. Closing estate by sworn statement of personal representative

  72-3-1004. Closing estate by sworn statement of personal representative. (1) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court no earlier than 6 months after the date of original appointment of a general personal representative for the estate a verified statement stating that the personal representative, or a prior personal representative, has:   (a) determined that the time limitation for presentation of creditors' claims has expired;   (b) fully administered the estate of the decedent by making payment, settlement, or other disposition of all claims that were presented, expenses of administration, and estate and other death taxes, except as specified in the statement, and that the assets of the estate have been distributed to the persons entitled; if any claims remain undischarged, the statement must state whether the personal representative has distributed the estate subject to possible liability with the agreement of the distributees or it must state in detail other arrangements that have been made to accommodate outstanding liabilities; and   (c) sent a copy of the statement to all distributees of the estate and to all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred and has furnished a full account in writing of the administration to the distributees whose interests are affected by the accounting.   (2) If proceedings involving the personal representative are not pending in the court 1 year after the closing statement is filed, the appointment of the personal representative terminates.   History: En. 91A-3-1003 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1003; amd. Sec. 5, Ch. 500, L. 1989; amd. Sec. 21, Ch. 9, Sp. L. May 2000.
MT Code § 72-3-1005 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 10. Closing Estates|72-3-1005. Final accounting required to close estate

  72-3-1005. Final accounting required to close estate. (1) Before an estate may be finally closed and the personal representative relieved of duties and obligations, the personal representative shall either file with the court or deliver to all interested persons an accounting under oath showing the amount of money received and expended by the personal representative, the amount of all claims presented against the estate, and the names of the claimants and all other matters necessary to show the state of its affairs.   (2) Any interested person at any time during the course of the administration of an estate may for good cause shown require further accountings.   (3) If the personal representative is the sole residual beneficiary of the estate, an accounting need not be made.   History: En. 91A-3-1012 by Sec. 5, Ch. 516, L. 1975; R.C.M. 1947, 91A-3-1012; amd. Sec. 10, Ch. 52, L. 1981; amd. Sec. 2384, Ch. 56, L. 2009.
MT Code § 72-3-1006 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 10. Closing Estates|72-3-1006. Certificate

  72-3-1006. Certificate. (1) In probate proceedings under this code requiring the filing of a duplicate United States estate tax return with the department of revenue pursuant to 72-16-906, a final distribution to successors may not be made and petitions may not be granted under 72-3-1001, 72-3-1002, 72-3-1003, or 72-3-1004, unless there has been filed with the clerk:   (a) a certificate from the department of revenue stating that any estate tax due on the assets of the estate has been paid or that no tax is payable; or   (b) an agreement with the department of revenue for extension of time for payment of estate taxes.   (2) This section does not prohibit a partial distribution that may become necessary in the course of administration.   History: En. 91A-3-1004 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 99, L. 1975; R.C.M. 1947, 91A-3-1004; amd. Sec. 11, Ch. 52, L. 1981; amd. Sec. 22, Ch. 9, Sp. L. May 2000; amd. Sec. 3, Ch. 68, L. 2003; amd. Sec. 7, Ch. 364, L. 2009.
MT Code § 72-3-1007 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 10. Closing Estates|72-3-1007. through 72-3-1010 reserved

  72-3-1007 through 72-3-1010 reserved.
MT Code § 72-3-1011 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 10. Closing Estates|72-3-1011. Limitation on actions against personal representative

  72-3-1011. Limitation on actions against personal representative. Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within 6 months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.   History: En. 91A-3-1006 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1006.
MT Code § 72-3-1012 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 10. Closing Estates|72-3-1012. Liability of distributees to claimants

  72-3-1012. Liability of distributees to claimants. (1) After assets of an estate have been distributed and subject to 72-3-1013, an undischarged claim that is not barred may be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to claimants for amounts received as exempt property, homestead or family allowances, or for amounts in excess of the value of the distributee's distribution as of the time of distribution or for amounts in excess of the value of the distributee's distribution as of the time of distribution.   (2) As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. Any distributee who fails to notify other distributees of the demand made upon the distributee by the claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted against the distributee loses the right of contribution against other distributees.   History: En. 91A-3-1005 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1005; amd. Sec. 2385, Ch. 56, L. 2009; amd. Sec. 78, Ch. 313, L. 2019.
MT Code § 72-3-1013 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 10. Closing Estates|72-3-1013. Limitation on actions against distributees

  72-3-1013. Limitation on actions against distributees. (1) Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim and the right of any heir or devisee or of a successor personal representative acting in their behalf to recover property improperly distributed or the value thereof from any distributee is forever barred at the later of 3 years after the decedent's death or 1 year after the time of distribution, but all claims of creditors of the decedent are barred 1 year after the decedent's death.   (2) This section does not bar an action to recover property or value received as the result of fraud.   History: En. 91A-3-1007 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1007; amd. Sec. 79, Ch. 313, L. 2019.
MT Code § 72-3-1014 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 10. Closing Estates|72-3-1014. Certificate discharging liens securing fiduciary performance

  72-3-1014. Certificate discharging liens securing fiduciary performance. After the personal representative's appointment has terminated, the personal representative, the personal representative's sureties, or any successor of either, upon the filing of a verified application showing so far as is known by the applicant that an action concerning the estate is not pending in any court, is entitled to receive a certificate from the clerk that the personal representative appears to have fully administered the estate in question. The certificate evidences discharge of any lien on any property given to secure the obligation of the personal representative in lieu of bond or any surety but does not preclude action against the personal representative or the surety.   History: En. 91A-3-1008 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1008; amd. Sec. 2386, Ch. 56, L. 2009.
MT Code § 72-3-1015 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 10. Closing Estates|72-3-1015. Estate to be closed within two years

  72-3-1015. Estate to be closed within two years. (1) If an estate has not been closed within 2 years from the date of appointment of the personal representative, the supreme court administrator shall notify the district judge. The judge shall order the personal representative and the personal representative's attorney to appear before the court and show cause why the estate has not been closed.   (2) If, after the show cause hearing, the judge determines that good cause does not exist for failure to close the estate, the judge may make an order directing that the estate be closed within 30 days and that the personal representative and the personal representative's attorney may not receive a fee or other compensation from the estate.   History: En. 91A-3-1011 by Sec. 1, Ch. 191, L. 1975; R.C.M. 1947, 91A-3-1011; amd. Sec. 5, Ch. 104, L. 1981; amd. Sec. 2387, Ch. 56, L. 2009.
MT Code § 72-3-1016 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 10. Closing Estates|72-3-1016. Subsequent administration upon discovery of other property

  72-3-1016. Subsequent administration upon discovery of other property. If other property of the estate is discovered after an estate has been settled and the personal representative discharged or after 1 year after a closing statement has been filed, the court upon petition of any interested person and upon notice as it directs may appoint the same or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the court orders otherwise, the provisions of this code apply as appropriate; but no claim previously barred may be asserted in the subsequent administration.   History: En. 91A-3-1009 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1009.
MT Code § 72-3-1101 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 11. Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates|72-3-1101. Collection of personal property by affidavit

  72-3-1101. Collection of personal property by affidavit. (1) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:   (a) the value of the entire estate, wherever located, less liens and encumbrances, does not exceed $50,000, except as provided in subsection (2);   (b) 30 days have elapsed since the death of the decedent;   (c) no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and   (d) the claiming successor is entitled to payment or delivery of the property.   (2) The department of revenue may refund unclaimed property to a successor of the decedent, pursuant to the provisions of Title 70, chapter 9, part 8, if the value of the unclaimed property is $5,000 or less regardless of the value of the estate.   (3) A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection (1).   History: En. 91A-3-1201 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1201; amd. Sec. 1, Ch. 124, L. 1981; amd. Sec. 1, Ch. 234, L. 1999; amd. Sec. 2, Ch. 513, L. 2005; amd. Sec. 1, Ch. 85, L. 2013.