reglab/housing_qa huggingface dataset:
MT Code § 72-2-1005 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 10. Uniform Statutory Rule Against Perpetuities -- Honorary Trusts|72-2-1005. Exclusions from statutory rule against perpetuities

  72-2-1005. Exclusions from statutory rule against perpetuities. Section 72-2-1002 does not apply to:   (1) a nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of a:   (a) premarital or postmarital agreement;   (b) separation or divorce settlement;   (c) spouse's election;   (d) similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties;   (e) contract to make or not to revoke a will or trust;   (f) contract to exercise or not to exercise a power of appointment;   (g) transfer in satisfaction of a duty of support; or   (h) reciprocal transfer;   (2) a fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;   (3) the power to appoint a fiduciary;   (4) a discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;   (5) a nonvested property interest held by a charity, government, or governmental agency or subdivision if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;   (6) a nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees or independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; or   (7) a property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state.   History: En. Sec. 5, Ch. 250, L. 1989; Sec. 70-1-805, MCA 1991; redes. 72-2-1005 by Code Commissioner, 1993.
MT Code § 72-2-1006 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 10. Uniform Statutory Rule Against Perpetuities -- Honorary Trusts|72-2-1006. Prospective application

  72-2-1006. Prospective application. (1) Except as extended by subsection (2), this part applies to a nonvested property interest or a power of appointment created on or after October 1, 1989. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.   (2) If a nonvested property interest or a power of appointment was created before October 1, 1989, and is determined in a judicial proceeding commenced on or after October 1, 1989, to violate this state's rule against perpetuities as that rule existed before October 1, 1989, a court, upon the petition of an interested person, may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and that is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.   History: En. Sec. 6, Ch. 250, L. 1989; Sec. 70-1-806, MCA 1991; redes. 72-2-1006 by Code Commissioner, 1993.
MT Code § 72-2-1007 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 10. Uniform Statutory Rule Against Perpetuities -- Honorary Trusts|72-2-1007. Uniformity of application and construction

  72-2-1007. Uniformity of application and construction. This part must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among the states enacting it.   History: En. Sec. 7, Ch. 250, L. 1989; Sec. 70-1-807, MCA 1991; redes. 72-2-1007 by Code Commissioner, 1993.
MT Code § 72-2-1008 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 10. Uniform Statutory Rule Against Perpetuities -- Honorary Trusts|72-2-1008. through 72-2-1016 reserved

  72-2-1008 through 72-2-1016 reserved.
MT Code § 72-3-101 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-101. Devolution of estate at death -- restrictions

  72-3-101. Devolution of estate at death -- restrictions. (1) The power of a person to leave property by will and the rights of creditors, devisees, and heirs to the person's property are subject to the restrictions and limitations contained in this code to facilitate the prompt settlement of estates.   (2) Upon the death of a person, the decedent's real and personal property devolves to the persons to whom it is devised by the decedent's last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estates or, in the absence of testamentary disposition, to the decedent's heirs or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to homestead allowance, exempt property, and family allowance, to rights of creditors, elective share of the surviving spouse, and to administration.   History: En. 91A-3-101 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-101; amd. Sec. 2314, Ch. 56, L. 2009.
MT Code § 72-3-102 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-102. Necessity of order of probate of will

  72-3-102. Necessity of order of probate of will. Except as provided in 72-3-1101, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by an order of informal probate by the clerk or an adjudication of probate by the court.   History: En. 91A-3-102 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-102; amd. Sec. 24, Ch. 592, L. 1995; amd. Sec. 56, Ch. 313, L. 2019.
MT Code § 72-3-103 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-103. Necessity of appointment for administration

  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.   History: En. 91A-3-103 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-103.
MT Code § 72-3-104 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-104. Claims against decedent -- necessity of administration

  72-3-104. Claims against decedent -- necessity of administration. (1) A proceeding to enforce a claim against the estate of a decedent or the decedent's successors may not be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by Title 72, chapter 3, parts 1 through 10, and 72-3-1101 through 72-3-1103. After distribution, a creditor whose claim has not been barred may recover from the distributees as provided in 72-3-1012 or from a former personal representative individually liable as provided in 72-3-1014.   (2) This section has no application to a proceeding by a secured creditor of the decedent to enforce the secured creditor's right to security except as to any deficiency judgment that might be sought in the proceeding.   History: En. 91A-3-104 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-104; amd. Sec. 93, Ch. 51, L. 1999.
MT Code § 72-3-105 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-105. Interested persons' rights of application and petition

  72-3-105. Interested persons' rights of application and petition. Persons interested in decedent's estate may apply to the clerk for determination in the informal proceedings provided in chapter 3, part 2, and may petition the court for orders in formal proceedings within the court's jurisdiction, including but not limited to those described in chapter 3, parts 3 and 4.   History: En. 91A-3-105 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-105(part).
MT Code § 72-3-106 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-106. Interested person's right to demand notice of order or filing

  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.   History: En. 91A-3-204 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-204; amd. Sec. 2315, Ch. 56, L. 2009.
MT Code § 72-3-107 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-107. and 72-3-108 reserved

  72-3-107 and 72-3-108 reserved.
MT Code § 72-3-109 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-109. Acknowledgment of fiduciary relationship and obligations -- personal representative, guardian, or conservator

  72-3-109. Acknowledgment of fiduciary relationship and obligations -- personal representative, guardian, or conservator. (1) Every applicant for appointment as the personal representative of a decedent's estate, as a guardian, or as a conservator shall sign and verify before a notary public or under penalty of perjury the following statement:   "By signing, accepting, or acting under this appointment, I acknowledge that I will assume the duties and responsibilities of a fiduciary and that I must work exclusively for the benefit of the decedent's estate and its beneficiaries, the ward under any guardianship, or the protected person under any conservatorship. I also acknowledge that the primary duty of a personal representative, guardian, or conservator is the duty of loyalty to and protection of the best interests of the estate, ward, or protected person. Therefore, I acknowledge that:   I may not use any of the property or other assets of the decedent's estate, ward, or protected person for my own personal benefit;   I must direct any benefit derived from this appointment to the decedent's estate, ward, or protected person; and   I must avoid conflicts of interest and must use ordinary skill and prudence in carrying out the duties of this appointment."   (2) The statement in subsection (1) must be sworn before a notary public or executed under penalty of perjury in the following format:   "I declare under penalty of perjury under the laws of the state of Montana that the foregoing is true and correct.   Signed this ... day of ............., 20....   ............................   Signature of applicant"   (3) This section applies to all applications for appointment as a personal representative or as a special administrator under Title 72, chapter 3, parts 2, 3, 4, and 7.   History: En. Sec. 8, Ch. 238, L. 2011.
MT Code § 72-3-110 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-110. reserved

  72-3-110 reserved.
MT Code § 72-3-111 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-111. Exclusive jurisdiction of court -- binding nature of orders after notice

  72-3-111. Exclusive jurisdiction of court -- binding nature of orders after notice. (1) The district court has exclusive jurisdiction of all probate matters.   (2) In proceedings within the exclusive jurisdiction of the court where notice is required by this code or by rule, interested persons may be bound by the orders of the court in respect to property in or subject to the laws of this state by notice in conformity with 72-1-301. An order is binding as to all who are given notice of the proceeding though less than all interested persons are notified.   History: En. 91A-3-105, 91A-3-106 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-105(part), 91A-3-106.
MT Code § 72-3-112 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-112. Venue for estate proceedings

  72-3-112. Venue for estate proceedings. (1) Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is:   (a) in the county where the decedent had the decedent's domicile at the time of death; or   (b) if the decedent was not domiciled in this state, in any county where property of the decedent was located at the time of death.   (2) Venue for all subsequent proceedings within the exclusive jurisdiction of the court is in the place where the initial proceeding occurred unless the initial proceeding has been transferred as provided in 72-1-203 or subsection (3) of this section.   (3) If the first proceeding was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court.   (4) For the purpose of aiding determinations concerning location of assets which may be relevant in cases involving non-domiciliaries, a debt, other than one evidenced by investment or commercial paper or other instrument in favor of a non-domiciliary is located where the debtor resides or, if the debtor is a person other than an individual, at the place where it has its principal office. Commercial paper, investment paper, and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued.   History: En. 91A-3-201 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-201(1) thru (3); amd. Sec. 2316, Ch. 56, L. 2009; amd. Sec. 57, Ch. 313, L. 2019.
MT Code § 72-3-113 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-113. Repealed

  72-3-113. Repealed. Sec. 105, Ch. 313, L. 2019.   History: En. 91A-3-201 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-201(4).
MT Code § 72-3-114 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-114. Conflicting claim as to domicile in another state

  72-3-114. Conflicting claim as to domicile in another state. If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this state and in a testacy or appointment proceeding after notice pending at the same time in another state, the court of this state must stay, dismiss, or permit suitable amendment in the proceeding here unless it is determined that the local proceeding was commenced before the proceeding elsewhere. The determination of domicile in the proceeding first commenced must be accepted as determinative in the proceeding in this state.   History: En. 91A-3-202 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-202.
MT Code § 72-3-115 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-115. through 72-3-120 reserved

  72-3-115 through 72-3-120 reserved.
MT Code § 72-3-121 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-121. Scope of proceedings when no supervised administration -- proceedings independent -- combination of proceedings

  72-3-121. Scope of proceedings when no supervised administration -- proceedings independent -- combination of proceedings. Unless supervised administration as described in chapter 3, part 4, is involved:   (1) each proceeding before the court or clerk is independent of any other proceeding involving the same estate;   (2) petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this code, no petition is defective because it fails to embrace all matters which might then be the subject of a final order.   (3) proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives; and   (4) a proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.   History: En. 91A-3-107 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-107.
MT Code § 72-3-123 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-123. Statutes of limitation on decedent's cause of action -- applicability

  72-3-123. Statutes of limitation on decedent's cause of action -- applicability. A statute of limitation running on a cause of action belonging to a decedent, which had not been barred as of the date of the decedent's death, may not apply to bar a cause of action surviving the decedent's death sooner than 4 months after death. A cause of action that, but for this section, would have been barred less than 4 months after death is barred after 4 months unless tolled.   History: En. 91A-3-109 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-109; amd. Sec. 2317, Ch. 56, L. 2009.
MT Code § 72-3-124 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-124. through 72-3-130 reserved

  72-3-124 through 72-3-130 reserved.
MT Code § 72-3-131 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-131. Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons

  72-3-131. Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons. (1) A compromise of any controversy as to admission to probate of any instrument offered for formal probate as the will of a decedent, the construction, validity, or effect of any governing instrument, the rights or interests in the estate of the decedent, of any successor, or the administration of the estate, if approved in a formal proceeding in the court for that purpose, is binding on all the parties to the proceeding, including those unborn, unascertained, or who could not be located.   (2) An approved compromise is binding even though it may affect a trust or an inalienable interest. A compromise does not impair the rights of creditors or of taxing authorities who are not parties to it.   History: En. 91A-3-1101 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1101; amd. Sec. 27, Ch. 592, L. 1995; amd. Sec. 59, Ch. 313, L. 2019.
MT Code § 72-3-132 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 1. General Provisions|72-3-132. Procedure for securing court approval of compromise

  72-3-132. Procedure for securing court approval of compromise. The procedure for securing court approval of a compromise is as follows:   (1) The terms of the compromise must be set forth in an agreement in writing which must be executed by all competent persons and parents acting for any minor child having beneficial interests or having claims which will or may be affected by the compromise. Execution is not required by any person whose identity cannot be ascertained or whose whereabouts is unknown and cannot reasonably be ascertained.   (2) Any interested person, including the personal representative, if any, or a trustee, then may submit the agreement to the court for its approval and for execution by the personal representative, the trustee of every affected testamentary trust, and other fiduciaries and representatives.   (3) After notice to all interested persons or their representatives, including the personal representative of any estate and all affected trustees of trusts, the court, if it finds that the contest or controversy is in good faith and that the effect of the agreement upon the interests of persons represented by fiduciaries or other representatives is just and reasonable, shall make an order approving the agreement and directing all fiduciaries under its supervision to execute the agreement. Minor children represented only by their parents may be bound only if their parents join with other competent persons in execution of the compromise.   (4) Upon the making of the order and the execution of the agreement, all further disposition of the estate is in accordance with the terms of the agreement.   History: En. 91A-3-1102 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1102; amd. Sec. 28, Ch. 592, L. 1995.