reglab/housing_qa huggingface dataset:
MT Code § 72-3-1102 (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|72-3-1102. Effect of affidavit

  72-3-1102. Effect of affidavit. (1) The person paying, delivering, transferring, or issuing personal property or the evidence of personal property pursuant to affidavit is discharged and released to the same extent as if the person dealt with a personal representative of the decedent. The person is not required to see to the application of the personal property or evidence of personal property or to inquire into the truth of any statement in the affidavit.   (2) If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence of personal property, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled to the property.   (3) A person to whom payment, delivery, transfer, or issuance is made is answerable and accountable for the property to any person representative of the estate or to any other person having a superior right.   History: En. 91A-3-1202 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1202; amd. Sec. 2388, Ch. 56, L. 2009.
MT Code § 72-3-1103 (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|72-3-1103. Small estates -- summary administration procedure

  72-3-1103. Small estates -- summary administration procedure. If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, without giving notice to the creditors, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in 72-3-1104.   History: En. 91A-3-1203 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1203; amd. Sec. 2, Ch. 124, L. 1981; amd. Sec. 16, Ch. 582, L. 1989.
MT Code § 72-3-1104 (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|72-3-1104. Small estates -- closing by sworn statement of personal representative

  72-3-1104. Small estates -- closing by sworn statement of personal representative. (1) Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of 72-3-1103 by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating that:   (a) to the best knowledge of the personal representative, the value of the entire estate, less liens and encumbrances, did not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable, necessary medical and hospital expenses of the last illness of the decedent;   (b) the personal representative has fully administered the estate by payment of estate taxes and by disbursing and distributing it to the persons entitled to it; and   (c) the personal representative has sent a copy of the closing 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.   (2) If actions or 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.   (3) A closing statement filed under this section has the same effect as one filed under 72-3-1004.   History: En. 91A-3-1204 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1204; amd. Sec. 3, Ch. 124, L. 1981; amd. Sec. 17, Ch. 582, L. 1989; amd. Sec. 23, Ch. 9, Sp. L. May 2000.
MT Code § 72-4-101 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration|Part 1. General Provisions|72-4-101. Definitions

  72-4-101. Definitions. In this chapter, the following definitions apply:   (1) "Local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings described in chapter 3.   (2) "Local personal representative" includes any personal representative appointed in this state pursuant to appointment proceedings described in chapter 3 and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to 72-4-310.   (3) "Resident creditor" means a person domiciled in or doing business in this state who is or could be a claimant against an estate of a nonresident decedent.   History: En. 91A-4-101 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-101.
MT Code § 72-4-201 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration|Part 2. Jurisdiction Over Foreign Personal Representatives|72-4-201. Jurisdiction by act of foreign personal representative

  72-4-201. Jurisdiction by act of foreign personal representative. (1) A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by:   (a) filing authenticated copies of the foreign personal representative's appointment as provided in 72-4-309;   (b) receiving payment of money or taking delivery of personal property under 72-4-306; or   (c) doing any act as a personal representative in this state that would have given the state jurisdiction over the foreign personal representative as an individual.   (2) Jurisdiction under subsection (1)(b) is limited to the money or value of personal property collected.   History: En. 91A-4-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-301; amd. Sec. 12, Ch. 52, L. 1981; amd. Sec. 2389, Ch. 56, L. 2009.
MT Code § 72-4-202 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration|Part 2. Jurisdiction Over Foreign Personal Representatives|72-4-202. Jurisdiction by act of decedent

  72-4-202. Jurisdiction by act of decedent. In addition to jurisdiction conferred by 72-4-201, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that the foreign personal representative's decedent was subject to jurisdiction immediately prior to death.   History: En. 91A-4-302 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-302; amd. Sec. 2390, Ch. 56, L. 2009.
MT Code § 72-4-203 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration|Part 2. Jurisdiction Over Foreign Personal Representatives|72-4-203. Service on foreign personal representative

  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.   History: En. 91A-4-303 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-303; amd. Sec. 2391, Ch. 56, L. 2009; amd. Sec. 80, Ch. 313, L. 2019.
MT Code § 72-4-301 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration|Part 3. Powers and Duties of Foreign Personal Representative|72-4-301. Renumbered 72-4-310

  72-4-301. Renumbered 72-4-310. Sec. 17, Ch. 52, L. 1981.
MT Code § 72-4-302 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration|Part 3. Powers and Duties of Foreign Personal Representative|72-4-302. Renumbered 72-4-311

  72-4-302. Renumbered 72-4-311. Sec. 17, Ch. 52, L. 1981.
MT Code § 72-4-303 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration|Part 3. Powers and Duties of Foreign Personal Representative|72-4-303. Filing of letters, bond, inventory, and affidavit

  72-4-303. Filing of letters, bond, inventory, and affidavit. (1) The domiciliary foreign personal representative of the estate of a nonresident decedent, who wishes to receive payment and delivery as described in 72-4-306 or to exercise the powers over assets described in 72-4-310, shall file with a district court in this state in a county in which property belonging to the decedent is located:   (a) an authenticated copy of the personal representative's appointment and of any official bond given;   (b) an inventory of the property of the nonresident decedent located in this state, which must contain the information prescribed in 72-3-607; and   (c) an affidavit stating:   (i) the date of death of the nonresident decedent; and   (ii) that no local administration or application or petition for local administration is pending in this state.   (2) Upon receiving the information required by subsection (1), the clerk of court shall issue a certificate to the domiciliary foreign personal representative identifying the representative as having registered with the district court and stating the name and date of death of the decedent.   History: En. 91A-4-201 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-201; amd. Sec. 4, Ch. 68, L. 2003; amd. Sec. 3, Ch. 513, L. 2005.
MT Code § 72-4-304 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration|Part 3. Powers and Duties of Foreign Personal Representative|72-4-304. Repealed

  72-4-304. Repealed. Sec. 36, Ch. 9, Sp. L. May 2000.   History: En. 91A-4-202 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-202.
MT Code § 72-4-305 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration|Part 3. Powers and Duties of Foreign Personal Representative|72-4-305. Right to inspect estate assets for inventory

  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.   History: En. 91A-4-203 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-203; amd. Sec. 5, Ch. 68, L. 2003.
MT Code § 72-4-306 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration|Part 3. Powers and Duties of Foreign Personal Representative|72-4-306. Payment of debt and delivery of property to foreign representative

  72-4-306. Payment of debt and delivery of property to foreign representative. At any time after the expiration of 60 days from the death of a nonresident decedent, a person indebted to the estate of the nonresident decedent or having possession or control of personal property or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the estate of the nonresident decedent may pay the debt or deliver the personal property or the instrument evidencing the debt, obligation, stock, or chose in action to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of the domiciliary foreign personal representative's appointment and an affidavit made by or on behalf of the representative, stating:   (1) the date of the death of the nonresident decedent;   (2) that no local administration or application or petition for local administration is pending in this state;   (3) that the domiciliary foreign personal representative is entitled to payment or delivery.   History: En. 91A-4-204 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-204; amd. Sec. 14, Ch. 52, L. 1981; amd. Sec. 2392, Ch. 56, L. 2009.
MT Code § 72-4-307 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration|Part 3. Powers and Duties of Foreign Personal Representative|72-4-307. Payment or delivery discharges debtor or possessor

  72-4-307. Payment or delivery discharges debtor or possessor. Payment or delivery made in good faith on the basis of the certificate of the clerk of court and the certificate of the department of revenue releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative.   History: En. 91A-4-205 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-205.
MT Code § 72-4-308 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration|Part 3. Powers and Duties of Foreign Personal Representative|72-4-308. Payment or delivery to foreign representative prohibited by resident creditor notice

  72-4-308. Payment or delivery to foreign representative prohibited by resident creditor notice. Payment or delivery under 72-4-306 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid or the property delivered to the domiciliary foreign personal representative.   History: En. 91A-4-206 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-206; amd. Sec. 15, Ch. 52, L. 1981.
MT Code § 72-4-309 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration|Part 3. Powers and Duties of Foreign Personal Representative|72-4-309. Proof of authority -- bond

  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.   History: En. Sec. 16, Ch. 52, L. 1981; amd. Sec. 2393, Ch. 56, L. 2009.
MT Code § 72-4-310 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration|Part 3. Powers and Duties of Foreign Personal Representative|72-4-310. Powers of foreign representative generally

  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.   History: En. 91A-4-207 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-207; amd. Sec. 13, Ch. 52, L. 1981; MCA 1979, 72-4-301; redes. 72-4-310 by Sec. 17, Ch. 52, L. 1981.
MT Code § 72-4-311 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration|Part 3. Powers and Duties of Foreign Personal Representative|72-4-311. Effect of local administration on foreign representative, third persons, and local representative

  72-4-311. Effect of local administration on foreign representative, third persons, and local representative. (1) The power of a domiciliary foreign personal representative under 72-4-306 or 72-4-310 may be exercised only if there is no administration or application for administration pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under 72-4-310, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate.   (2) A person who, before receiving actual notice of a pending local administration, has changed the person's position in reliance upon the powers of a foreign personal representative may not be prejudiced by reason of the application or petition for or grant of local administration. The local personal representative is subject to all duties and obligations that have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for the foreign personal representative in any action or proceedings in this state.   History: En. 91A-4-208 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-208; MCA 1979, 72-4-302; redes. 72-4-311 by Sec. 17, Ch. 52, L. 1981; amd. Sec. 2394, Ch. 56, L. 2009.
MT Code § 72-4-401 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration|Part 4. Ancillary Administration|72-4-401. Ancillary administration -- provisions governing

  72-4-401. Ancillary administration -- provisions governing. In respect to a nonresident decedent, the provisions of this code govern:   (1) proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal representative and any other order concerning the estate; and   (2) the status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration.   History: En. 91A-4-209 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-209.
MT Code § 72-4-402 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration|Part 4. Ancillary Administration|72-4-402. Adjudication in other jurisdiction binding on local representative

  72-4-402. Adjudication in other jurisdiction binding on local representative. An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if the local personal representative were a party to the adjudication.   History: En. 91A-4-401 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-401; amd. Sec. 2395, Ch. 56, L. 2009.
MT Code § 72-5-101 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 1. General Provisions|72-5-101. Definitions

  72-5-101. Definitions. Unless otherwise apparent from the context, in chapters 1 through 5 and chapter 16, part 6, the following definitions apply:   (1) "Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, except minority, to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the person or which cause has so impaired the person's judgment that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment.   (2) "Protected person" means a minor or other person for whom a conservator has been appointed or other protective order has been made.   (3) "Protective proceeding" means a proceeding under the provisions of 72-5-409 to determine that a person cannot effectively manage or apply the person's estate to necessary ends, either because the person lacks the ability or is otherwise inconvenienced or because the person is a minor, and to secure administration of the person's estate by a conservator or other appropriate relief.   (4) "Substituted judgment" means the judgment that an incapacitated person would make if restored to capacity based upon:   (a) the person's present preference or, if the person is incapable of indicating the person's preference, the person's prior expressed preference;   (b) the person's personal, moral, and religious convictions;   (c) the person's relationship with family members;   (d) the consequences if the action proposed is not taken;   (e) the consequences if the action proposed is taken; and   (f) other relevant factors.   (5) "Ward" means a person for whom a guardian has been appointed. A "minor ward" is a minor for whom a guardian has been appointed solely because of minority.   History: En. 91A-5-101 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 514, L. 1977; R.C.M. 1947, 91A-5-101; amd. Sec. 1, Ch. 382, L. 1991; amd. Sec. 2396, Ch. 56, L. 2009; amd. Sec. 1, Ch. 237, L. 2009.
MT Code § 72-5-102 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 1. General Provisions|72-5-102. Consolidation of proceedings

  72-5-102. Consolidation of proceedings. When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.   History: En. 91A-5-102 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-102; amd. Sec. 24, Ch. 236, L. 2009.