reglab/housing_qa huggingface dataset:
MT Code § 72-3-621 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 6. Personal Representative Powers, Duties, and Compensation|72-3-621. Powers and duties of successor personal representative

  72-3-621. Powers and duties of successor personal representative. A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate as expeditiously as possible, but the successor personal representative may not exercise any power expressly made personal to the executor named in the will.   History: En. 91A-3-716 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-716; amd. Sec. 2360, Ch. 56, L. 2009.
MT Code § 72-3-622 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 6. Personal Representative Powers, Duties, and Compensation|72-3-622. Corepresentatives -- when joint action required

  72-3-622. Corepresentatives -- when joint action required. If two or more persons are appointed corepresentatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate. This restriction does not apply:   (1) when any corepresentative receives and receipts for property due the estate;   (2) when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate; or   (3) when a corepresentative has been delegated to act for the others.   History: En. 91A-3-717 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-717(part).
MT Code § 72-3-623 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 6. Personal Representative Powers, Duties, and Compensation|72-3-623. Persons dealing with single corepresentative -- protection

  72-3-623. Persons dealing with single corepresentative -- protection. Persons dealing with a corepresentative, if actually unaware that another has been appointed to serve with the corepresentative or if advised by the personal representative with whom they deal that the personal representative has authority to act alone for any of the reasons mentioned in this part, are as fully protected as if the person with whom they dealt had been the sole personal representative.   History: En. 91A-3-717 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-717(part); amd. Sec. 2361, Ch. 56, L. 2009.
MT Code § 72-3-624 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 6. Personal Representative Powers, Duties, and Compensation|72-3-624. Powers of remaining corepresentative

  72-3-624. Powers of remaining corepresentative. Unless the terms of the will otherwise provide, every power exercisable by personal corepresentatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as coexecutors is not appointed, those appointed may exercise all the powers incident to the office.   History: En. 91A-3-718 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-718.
MT Code § 72-3-625 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 6. Personal Representative Powers, Duties, and Compensation|72-3-625. through 72-3-630 reserved

  72-3-625 through 72-3-630 reserved.
MT Code § 72-3-631 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 6. Personal Representative Powers, Duties, and Compensation|72-3-631. Compensation of personal representative

  72-3-631. Compensation of personal representative. (1) A personal representative is entitled to reasonable compensation for services.   (2) If the will provides for the compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to compensation under the terms of this section. A personal representative also may renounce the right to all or any part of the compensation. A written renunciation of fee may be filed with the court.   History: En. 91A-3-719 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-719; amd. Sec. 1, Ch. 424, L. 1979; amd. Sec. 19, Ch. 9, Sp. L. May 2000; amd. Sec. 74, Ch. 313, L. 2019.
MT Code § 72-3-632 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 6. Personal Representative Powers, Duties, and Compensation|72-3-632. Expenses of personal representative in estate litigation

  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.   History: En. 91A-3-721 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-721; amd. Sec. 2362, Ch. 56, L. 2009.
MT Code § 72-3-633 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 6. Personal Representative Powers, Duties, and Compensation|72-3-633. Repealed

  72-3-633. Repealed. Sec. 105, Ch. 313, L. 2019.   History: En. 91A-3-720 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-720.
MT Code § 72-3-634 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 6. Personal Representative Powers, Duties, and Compensation|72-3-634. Proceedings for review of employment of agents and compensation of personal representatives and employees

  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.   History: En. 91A-3-722 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-722; amd. Sec. 2363, Ch. 56, L. 2009.
MT Code § 72-3-701 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 7. Special Administrator|72-3-701. Special administrator -- how and when appointed

  72-3-701. Special administrator -- how and when appointed. A special administrator may be appointed:   (1) informally by the clerk on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as provided in 72-3-522;   (2) in a formal proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration, including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists, appointment may be ordered without notice.   History: En. 91A-3-614 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-614.
MT Code § 72-3-702 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 7. Special Administrator|72-3-702. Special administrator -- who may be appointed

  72-3-702. Special administrator -- who may be appointed. (1) If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named executor in the will shall be appointed if available and qualified.   (2) In other cases, any proper person may be appointed special administrator.   History: En. 91A-3-615 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-615.
MT Code § 72-3-703 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 7. Special Administrator|72-3-703. Special administrator appointed informally -- powers and duties

  72-3-703. Special administrator appointed informally -- powers and duties. A special administrator appointed by the clerk in informal proceedings pursuant to 72-3-701(1) has the duty to collect and manage the assets of the estate, to preserve them, to account for them, and to deliver them to the general personal representative upon the personal representative's qualification. The special administrator has the power of a personal representative under the code necessary to perform the special administrator's duties.   History: En. 91A-3-616 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-616; amd. Sec. 2364, Ch. 56, L. 2009.
MT Code § 72-3-704 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 7. Special Administrator|72-3-704. Special administrator -- formal proceedings -- power and duties

  72-3-704. Special administrator -- formal proceedings -- power and duties. A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative, except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts, or on other terms as the court may direct.   History: En. 91A-3-617 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-617.
MT Code § 72-3-705 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 7. Special Administrator|72-3-705. Special administrator -- termination of appointment

  72-3-705. Special administrator -- termination of appointment. The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in 72-3-521 through 72-3-526.   History: En. 91A-3-618 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-618.
MT Code § 72-3-801 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 8. Creditors' Claims|72-3-801. Notice to creditors

  72-3-801. Notice to creditors. (1) Unless notice has already been given under this section, a personal representative upon appointment shall publish a notice once a week for 3 successive weeks in a newspaper of general circulation in the county announcing the personal representative's appointment and address and notifying creditors of the estate to present their claims within 4 months after the date of the first publication of the notice or be forever barred.   (2) A personal representative may give written notice by mail or other delivery to any creditor, notifying the creditor to present the creditor's claim within 4 months from the published notice if given as provided in subsection (1) or within 30 days from the mailing or other delivery of the notice, whichever is later, or be forever barred. Written notice must be the notice described in subsection (1) or a similar notice.   (3) The personal representative is not liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section.   History: En. 91A-3-801 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-801; amd. Sec. 1, Ch. 500, L. 1989; amd. Sec. 2365, Ch. 56, L. 2009.
MT Code § 72-3-802 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 8. Creditors' Claims|72-3-802. Statutes of limitations -- waiver -- suspension

  72-3-802. Statutes of limitations -- waiver -- suspension. (1) Unless an estate is insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid.   (2) The running of any statute of limitations measured from some other event than death or the giving of notice to creditors is suspended during the 4 months following the decedent's death but resumes thereafter as to claims not barred pursuant to the sections which follow.   (3) For purposes of any statute of limitations, the proper presentation of a claim under 72-3-804 is equivalent to commencement of a proceeding on the claim.   History: En. 91A-3-802 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-802; amd. Sec. 2, Ch. 500, L. 1989.
MT Code § 72-3-803 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 8. Creditors' Claims|72-3-803. Nonclaim -- limitations on presentation of claims -- exceptions

  72-3-803. Nonclaim -- limitations on presentation of claims -- exceptions. (1) All claims against a decedent's estate that arose before the death of the decedent, including claims of the state and any subdivision of the state, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees and nonprobate transferees of the decedent unless presented within the earlier of the following time limitations:   (a) within 1 year after the decedent's death; or   (b) within the time provided by 72-3-801(2) for creditors who are given actual notice and within the time provided in 72-3-801(1) for all creditors barred by publication.   (2) A claim described in subsection (1) which is barred by the nonclaim statute at the decedent's domicile before the giving of notice to creditors in this state is barred in this state.   (3) All claims against a decedent's estate that arise at or after the death of the decedent, including claims of the state and any subdivision of the state, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the personal representative, and the heirs and devisees of the decedent unless presented as follows:   (a) a claim based on a contract with the personal representative, within 4 months after performance by the personal representative is due;   (b) any other claim, within the later of 4 months after it arises or the time specified in subsection (1)(a).   (4) This section does not affect or prevent:   (a) any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate;   (b) to the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which the decedent or the personal representative is protected by liability insurance; or   (c) collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative of the estate.   History: En. 91A-3-803 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 352, L. 1975; R.C.M. 1947, 91A-3-803; amd. Sec. 3, Ch. 6, L. 1979; amd. Sec. 3, Ch. 500, L. 1989; amd. Sec. 2366, Ch. 56, L. 2009; amd. Sec. 75, Ch. 313, L. 2019.
MT Code § 72-3-804 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 8. Creditors' Claims|72-3-804. Manner of presentation of claims

  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.   History: En. 91A-3-804 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-804; amd. Sec. 2367, Ch. 56, L. 2009.
MT Code § 72-3-806 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 8. Creditors' Claims|72-3-806. Counterclaims -- deduction

  72-3-806. Counterclaims -- deduction. (1) In allowing a claim, the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate, a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess.   (2) A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.   History: En. 91A-3-811 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-811.
MT Code § 72-3-807 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 8. Creditors' Claims|72-3-807. Classification of claims as to priority of payment

  72-3-807. Classification of claims as to priority of payment. (1) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:   (a) costs and expenses of administration;   (b) reasonable funeral expenses and reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent;   (c) federal estate and Montana state estate taxes;   (d) debt for a current support obligation and past-due support for the decedent's children pursuant to a support order as defined in 40-5-201;   (e) debts with preference under federal and Montana law;   (f) other federal and Montana state taxes;   (g) all other claims.   (2) A preference may not be given in the payment of any claim over any other claim of the same class, and a claim due and payable may not be entitled to a preference over claims not due.   History: En. 91A-3-805 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 2, Ch. 352, L. 1975; R.C.M. 1947, 91A-3-805; amd. Sec. 18, Ch. 482, L. 1997; amd. Sec. 20, Ch. 9, Sp. L. May 2000.
MT Code § 72-3-808 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 8. Creditors' Claims|72-3-808. Payment of claims

  72-3-808. Payment of claims. (1) Upon the expiration of the earlier of the time limitations provided in 72-3-803 for the presentation of claims, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision for homestead, family, and support allowances, for claims already presented that have not yet been allowed or whose allowance has been appealed, and for unbarred claims that may yet be presented, including costs and expenses of administration.   (2) By petition to the court in a proceeding for the purpose or by appropriate motion if the administration is supervised, a claimant whose claim has been allowed but not paid as provided in this section may secure an order directing the personal representative to pay the claim to the extent that funds of the estate are available for the payment.   (3) The personal representative at any time may pay any just claim that has not been barred, with or without formal presentation, but the personal representative is personally liable to any other claimant whose claim is allowed and who is injured by the payment if:   (a) the payment was made before the expiration of the time limit stated in subsection (1) and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or   (b) the payment was made, due to the negligence or willful fault of the personal representative, in a manner that deprives the injured claimant of the claimant's priority.   History: En. 91A-3-807 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-807; amd. Sec. 4, Ch. 500, L. 1989; amd. Sec. 2369, Ch. 56, L. 2009.
MT Code § 72-3-809 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 8. Creditors' Claims|72-3-809. and 72-3-810 reserved

  72-3-809 and 72-3-810 reserved.