reglab/housing_qa huggingface dataset:
MT Code § 72-3-501 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-501. Who may not be personal representative

  72-3-501. Who may not be personal representative. No person is qualified to serve as a personal representative who is:   (1) under the age of 18;   (2) a person whom the court finds unsuitable in formal proceedings.   History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(6).
MT Code § 72-3-502 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-502. Priorities for appointment

  72-3-502. Priorities for appointment. Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order:   (1) the person with priority as determined by a probated will, including a person nominated by a power conferred in a will;   (2) the surviving spouse of the decedent who is a devisee of the decedent;   (3) the custodial parent of a minor decedent;   (4) other devisees of the decedent;   (5) the surviving spouse of the decedent;   (6) the parent of an adult decedent who was survived by issue, none of whom is an adult;   (7) other heirs of the decedent;   (8) public administrator;   (9) 45 days after the death of the decedent, any creditor.   History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(1); amd. Sec. 1, Ch. 219, L. 1989; amd. Sec. 66, Ch. 313, L. 2019.
MT Code § 72-3-503 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-503. Objection to appointment

  72-3-503. Objection to appointment. (1) An objection to an appointment can be made only in formal proceedings.   (2) In case of objection the priorities stated in 72-3-502 apply, except that:   (a) if the estate appears to be more than adequate to meet exemptions and costs of administration but inadequate to discharge anticipated unsecured claims, the court, on petition of creditors, may appoint any qualified person;   (b) in case of objection to appointment of a person other than one whose priority is determined by will by an heir or devisee appearing to have a substantial interest in the estate, the court may appoint a person who is acceptable to heirs and devisees whose interests in the estate appear to be worth in total more than half of the probable distributable value or, in default of this accord, any suitable person.   History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(2).
MT Code § 72-3-504 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-504. Renunciation -- nomination of other -- two or more persons sharing priority

  72-3-504. Renunciation -- nomination of other -- two or more persons sharing priority. (1) A person entitled to letters under 72-3-502(2) through (7) may nominate a qualified person to act as personal representative.   (2) Any person entitled to letters may renounce the person's right to nominate or to an appointment by appropriate writing filed with the court.   (3) When two or more persons share a priority, those of them who do not renounce shall concur in nominating another to act for them or in applying for appointment. If they are unable to concur in nominating another to act for them or in applying for appointment, the court may appoint any qualified person.   History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(3); amd. Sec. 2335, Ch. 56, L. 2009; amd. Sec. 67, Ch. 313, L. 2019.
MT Code § 72-3-505 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-505. Rights of conservators relating to appointment

  72-3-505. Rights of conservators relating to appointment. Conservators of the estates of protected persons or, if there is no conservator, any guardian except a guardian ad litem of a minor or incapacitated person may exercise the same right to nominate, to object to another's appointment, or to participate in determining the preference of a majority in interest of the heirs and devisees that the protected person or ward would have if qualified for appointment.   History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(4).
MT Code § 72-3-506 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-506. Priority of domiciliary personal representative

  72-3-506. Priority of domiciliary personal representative. A personal representative appointed by a court of the decedent's domicile has priority over all other persons, except where the decedent's will nominates different persons to be personal representative in this state and in the state of domicile. The domiciliary personal representative may nominate another, who shall have the same priority as the domiciliary personal representative.   History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(7).
MT Code § 72-3-507 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-507. Appointment of one not having priority

  72-3-507. Appointment of one not having priority. Appointment of one who does not have priority, including priority resulting from renunciation or nomination determined pursuant to 72-3-504, may be made only in formal proceedings. Before appointing one without priority, the court must determine that those having priority, although given notice of the proceedings, have failed to request appointment or to nominate another for appointment and that administration is necessary.   History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(5).
MT Code § 72-3-508 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-508. Application of priority provisions to appointment of successor

  72-3-508. Application of priority provisions to appointment of successor. Sections 72-3-501 through 72-3-507 govern priority for appointment of a successor personal representative but do not apply to the selection of a special administrator.   History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(8).
MT Code § 72-3-509 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-509. and 72-3-510 reserved

  72-3-509 and 72-3-510 reserved.
MT Code § 72-3-511 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-511. Acceptance of appointment -- consent to jurisdiction

  72-3-511. Acceptance of appointment -- consent to jurisdiction. By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding must be delivered to the personal representative or mailed to the personal representative by ordinary first-class mail at the address as listed in the application or petition for appointment or as reported to the court and to the personal representative's address as then known to the petitioner.   History: En. 91A-3-602 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-602; amd. Sec. 2336, Ch. 56, L. 2009.
MT Code § 72-3-512 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-512. Qualification -- filing of bond and statement of acceptance

  72-3-512. Qualification -- filing of bond and statement of acceptance. Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office.   History: En. 91A-3-601 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-601.
MT Code § 72-3-513 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-513. Bond -- when required

  72-3-513. Bond -- when required. (1) Bond is not required of a personal representative appointed in informal proceedings, except:   (a) upon the appointment of a special administrator;   (b) when an executor or other personal representative is appointed to administer an estate under a will containing an express requirement of bond; or   (c) when bond is required under 72-3-514.   (2) Bond may be required by court order at the time of appointment of a personal representative appointed in any formal proceeding, except that bond is not required of a personal representative appointed in formal proceedings if the will relieves the personal representative of bond unless bond has been requested by an interested party and the court is satisfied that it is desirable. Bond required by any will may be dispensed with in formal proceedings upon determination by the court that it is not necessary.   (3) Bond is not required of any personal representative who, pursuant to statute, has deposited cash or collateral with an agency of this state to secure performance of the personal representative's duties.   History: En. 91A-3-603 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-603; amd. Sec. 2337, Ch. 56, L. 2009.
MT Code § 72-3-514 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-514. Demand for bond by interested person

  72-3-514. Demand for bond by interested person. (1) Any person apparently having an interest in the estate worth in excess of $5,000 or any creditor having a claim in excess of $5,000 may make a written demand that a personal representative give bond. The demand must be filed with the clerk and a copy mailed to the personal representative, if appointment and qualification have occurred. Upon filing of the demand, bond is required, but the requirement ceases if the person demanding bond ceases to be interested in the estate or if bond is excused as provided in 72-3-513 or 72-3-515.   (2) After the personal representative has received notice and until the filing of the bond or cessation of the requirement of bond, the personal representative shall refrain from exercising any powers of the personal representative's office except as necessary to preserve the estate.   (3) Failure of the personal representative to meet a requirement of bond by giving suitable bond within 30 days after receipt of notice is cause for removal and appointment of a successor personal representative.   History: En. 91A-3-605 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-605; amd. Sec. 2338, Ch. 56, L. 2009; amd. Sec. 68, Ch. 313, L. 2019.
MT Code § 72-3-515 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-515. Bond amount -- security -- reduction

  72-3-515. Bond amount -- security -- reduction. (1) If bond is required and the provisions of the will or order do not specify the amount, unless stated in the application or petition, the person qualifying shall file a statement under oath with the clerk indicating the person's best estimate of the value of the personal estate of the decedent and of the income expected from the personal and real estate during the next year, and the person shall execute and file a bond with the clerk or give other suitable security in an amount not less than the estimate.   (2) The clerk shall determine that the bond is duly executed by a corporate surety or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property, or other adequate security.   (3) The clerk may permit the amount of the bond to be reduced by the value of assets of the estate deposited with a domestic financial institution in a manner that prevents their unauthorized disposition. On petition of the personal representative or another interested person, the court may excuse a requirement of bond, increase or reduce the amount of the bond, release sureties, or permit the substitution of another bond with the same or different sureties.   History: En. 91A-3-604 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-604; amd. Sec. 2339, Ch. 56, L. 2009.
MT Code § 72-3-516 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-516. Terms of bond -- liability of surety

  72-3-516. Terms of bond -- liability of surety. (1) The following requirements and provisions apply to any bond required by this part:   (a) Bonds must name the state as obligee for the benefit of the persons interested in the estate and must be conditioned upon the faithful discharge by the fiduciary of all duties according to law.   (b) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of sureties must be stated in the bond.   (c) By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the probate court that issued letters to the primary obligor in any proceedings pertaining to the fiduciary duties of the personal representative and naming the surety as a party. Notice of any proceeding must be delivered to the surety or mailed to the surety by certified mail at the surety's address as listed with the court where the bond is filed and to the surety's address as then known to the petitioner.   (d) On petition of a successor personal representative, any other personal representative of the same decedent, or any interested person, a proceeding in the court may be initiated against a surety for breach of the obligation of the bond of the personal representative.   (e) The bond of the personal representative is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.   (2) No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.   History: En. 91A-3-606 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-606; amd. Sec. 2340, Ch. 56, L. 2009.
MT Code § 72-3-517 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-517. through 72-3-520 reserved

  72-3-517 through 72-3-520 reserved.
MT Code § 72-3-521 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-521. Termination of appointment -- general effect

  72-3-521. Termination of appointment -- general effect. Termination of appointment of a personal representative occurs as indicated in 72-3-522 through 72-3-526, inclusive. Termination ends the right and power pertaining to the office of personal representative as conferred by this code or any will, except that a personal representative, at any time prior to distribution or until restrained or enjoined by court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination or relieve the personal representative of the duty to preserve assets subject to the personal representative's control, to account for the assets, and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative but terminates the personal representative's authority to represent the estate in any pending or future proceeding.   History: En. 91A-3-608 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-608; amd. Sec. 2341, Ch. 56, L. 2009.
MT Code § 72-3-522 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-522. Termination of appointment -- death or disability

  72-3-522. Termination of appointment -- death or disability. (1) The death of a personal representative or the appointment of a conservator for the estate of a personal representative terminates the personal representative's appointment.   (2) Until appointment and qualification of a successor or special representative to replace the deceased or protected representative, the representative of the estate of the deceased or protected personal representative, if any, has the duty to protect the estate possessed and being administered by the representative's decedent or ward at the time the appointment terminates, has the power to perform acts necessary for protection, and shall account for and deliver the estate assets to a successor or special personal representative upon that person's appointment and qualification.   History: En. 91A-3-609 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-609; amd. Sec. 2342, Ch. 56, L. 2009.
MT Code § 72-3-523 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-523. Termination of appointment -- change of testacy status

  72-3-523. Termination of appointment -- change of testacy status. Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will that is superseded by formal probate of another will or the vacation of an informal probate of a will subsequent to the appointment of the personal representative under the will does not terminate the appointment of the personal representative although the personal representative's powers may be reduced as provided in 72-3-304. Termination occurs upon appointment in informal or formal appointment proceedings of a person entitled to appointment under the later assumption concerning testacy. If a request for new appointment is not made within 30 days after expiration of time for appeal from the order in formal testacy proceedings or from the informal probate changing the assumption concerning testacy, the previously appointed personal representative upon request may be appointed personal representative under the subsequently probated will or as in intestacy, as the case may be.   History: En. 91A-3-612 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-612; amd. Sec. 2343, Ch. 56, L. 2009.
MT Code § 72-3-524 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-524. Termination of appointment -- closing of estate

  72-3-524. Termination of appointment -- closing of estate. (1) An appointment of a personal representative terminates, as provided in 72-3-1004, 1 year after the filing of a closing statement.   (2) An order closing an estate as provided in 72-3-1001, 72-3-1002, or 72-3-1003 terminates an appointment of a personal representative.   History: En. 91A-3-610 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-610(1), (2).
MT Code § 72-3-525 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-525. Termination of appointment -- voluntary

  72-3-525. Termination of appointment -- voluntary. A personal representative may resign the position by filing a written statement of resignation with the clerk after the personal representative has given at least 15 days' written notice to the persons known to be interested in the estate. If no one applies or petitions for appointment of a successor representative within the time indicated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to the successor representative.   History: En. 91A-3-610 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-610(3); amd. Sec. 2344, Ch. 56, L. 2009.
MT Code § 72-3-526 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 3. Upc -- Probate and Administration|Part 5. Personal Representative Appointment Priorities, Bond, and Termination|72-3-526. Termination of appointment -- removal for cause

  72-3-526. Termination of appointment -- removal for cause. (1) A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice must be given by the petitioner to the personal representative and to other persons as the court may order. Except as otherwise ordered as provided in 72-3-617, after receipt of notice of removal proceedings, the personal representative may not act except to account, to correct maladministration, or preserve the estate. If removal is ordered, the court also shall direct by order the disposition of the assets remaining in the name of or under the control of the personal representative being removed.   (2) Cause for removal exists:   (a) when removal would be in the best interests of the estate; or   (b) if it is shown that a personal representative or the person seeking the personal representative's appointment intentionally misrepresented material facts in the proceedings leading to the appointment or that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of the office, or has mismanaged the estate or failed to perform any duty pertaining to the office.   (3) Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing self-appointment or appointment of the personal representative's nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.   History: En. 91A-3-611 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-611; amd. Sec. 2345, Ch. 56, L. 2009.