reglab/housing_qa huggingface dataset:
MT Code § 72-3-527 (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|72-3-527. Successor personal representative

  72-3-527. Successor personal representative. (1) Parts 2 and 3 of this chapter govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated.   (2) After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and a notice, process, or claim that was given or served upon the former personal representative is not required to be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may have obtained or preserved with reference to the former personal representative.   (3) Except as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration that the former personal representative would have had if the former personal representative's appointment had not been terminated.   History: En. 91A-3-613 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-613; amd. Sec. 2346, Ch. 56, L. 2009.
MT Code § 72-3-601 (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|72-3-601. Time of accrual of duties and powers -- power of executor prior to appointment -- ratification

  72-3-601. Time of accrual of duties and powers -- power of executor prior to appointment -- ratification. (1) The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed that are beneficial to the estate occurring prior to appointment the same effect as those occurring after appointment.   (2) Prior to appointment, a person named executor in a will may carry out written instructions of the decedent relating to the decedent's body, funeral, and burial arrangements.   (3) A personal representative may ratify and accept acts on behalf of the estate done by others when the acts would have been proper for a personal representative.   History: En. 91A-3-701 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-701; amd. Sec. 2347, Ch. 56, L. 2009.
MT Code § 72-3-602 (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|72-3-602. Priority among different letters

  72-3-602. Priority among different letters. A person to whom general letters are issued first has exclusive authority under the letters until the person's appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the subsequent representative done in good faith before notice of the first letters are not void for want of validity of appointment.   History: En. 91A-3-702 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-702; amd. Sec. 2348, Ch. 56, L. 2009.
MT Code § 72-3-603 (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|72-3-603. Notice of appointment to heirs and devisees

  72-3-603. Notice of appointment to heirs and devisees. (1) Not later than 30 days after appointment, every personal representative, except any special administrator, shall give information of the appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any will mentioned in the application for appointment of a personal representative. The information must be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the personal representative. The duty does not extend to require information to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate.   (2) (a) The information must:   (i) include the name and address of the personal representative;   (ii) indicate that it is being sent to persons who have or may have some interest in the estate being administered;   (iii) indicate whether bond has been filed; and   (iv) describe the court where papers relating to the estate are on file.   (b) The information must state that the estate is being administered by the personal representative under the Uniform Probate Code without supervision by the court but that recipients are entitled to information regarding the administration from the personal representative and may petition the court in any matter relating to the estate, including distribution of assets and expenses of administration.   (3) The personal representative's failure to give this information is a breach of the personal representative's duty to the persons concerned but does not affect the validity of the personal representative's appointment, powers, or other duties.   (4) A personal representative may inform other persons of the appointment by delivery or ordinary first-class mail.   History: En. 91A-3-705 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-705; amd. Sec. 11, Ch. 582, L. 1989; amd. Sec. 2349, Ch. 56, L. 2009.
MT Code § 72-3-604 (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|72-3-604. Standing to sue

  72-3-604. Standing to sue. Except as to proceedings that do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as the decedent had immediately prior to death.   History: En. 91A-3-703 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-703(3); amd. Sec. 2350, Ch. 56, L. 2009.
MT Code § 72-3-605 (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|72-3-605. Personal representative to proceed without court order -- power to invoke jurisdiction

  72-3-605. Personal representative to proceed without court order -- power to invoke jurisdiction. A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified under this code or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court, but the personal representative may invoke the jurisdiction of the court, in proceedings authorized by this code, to resolve questions concerning the estate or its administration.   History: En. 91A-3-704 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-704; amd. Sec. 2351, Ch. 56, L. 2009.
MT Code § 72-3-606 (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|72-3-606. Possession and protection of estate

  72-3-606. Possession and protection of estate. (1) Except as otherwise provided by a decedent's will, a personal representative has a right to and shall take possession or control of the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled to the property unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession of the property, that the possession of the property by the personal representative is necessary for purposes of administration.   (2) The personal representative shall pay taxes on and take all steps reasonably necessary for the management, protection, and preservation of the estate in the personal representative's possession. The personal representative may maintain an action to recover possession of property or to determine the title to the property.   History: En. 91A-3-708 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-708; amd. Sec. 97, Ch. 2, L. 2009; amd. Sec. 2352, Ch. 56, L. 2009.
MT Code § 72-3-607 (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|72-3-607. Inventory -- appraisal

  72-3-607. Inventory -- appraisal. (1) Within 9 months after appointment, a personal representative who is not a special administrator or a successor to another representative who has previously discharged this duty shall prepare an inventory of property owned by the decedent at the time of the decedent's death, listing the inventory of property with reasonable detail and indicating for each listed item its fair market value as of the date of the decedent's death and the type and amount of any encumbrance that may exist with reference to the item.   (2) The inventory must include a statement of the fair market value of the decedent's interest in every item listed in the inventory. The personal representative may employ a qualified and disinterested appraiser to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser must be indicated on the inventory with the item or items appraised.   (3) The personal representative shall:   (a) send a copy of the inventory to the following who request it: heirs, devisees, and creditors with allowed claims that have not been satisfied; or   (b) file the original of the inventory with the court and send a copy of the inventory to interested persons who request it.   History: En. 91A-3-706 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 4, Ch. 516, L. 1975; R.C.M. 1947, 91A-3-706; amd. Sec. 12, Ch. 582, L. 1989; amd. Sec. 17, Ch. 9, Sp. L. May 2000; amd. Sec. 1, Ch. 68, L. 2003; amd. Sec. 69, Ch. 313, L. 2019.
MT Code § 72-3-608 (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|72-3-608. Repealed

  72-3-608. Repealed. Sec. 18, Ch. 52, L. 1981.   History: En. 91A-3-715.1 by Sec. 6, Ch. 516, L. 1975; R.C.M. 1947, 91A-3-715.1.
MT Code § 72-3-609 (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|72-3-609. Supplemental inventory

  72-3-609. Supplemental inventory. If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, the personal representative shall make a supplemental inventory or appraisal showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions and the appraisers or other data relied upon, if any. The personal representative shall file the supplemental inventory with the court if the original inventory was filed or shall furnish copies of the supplemental inventory or information to persons interested in the new information.   History: En. 91A-3-707 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-707; amd. Sec. 2, Ch. 68, L. 2003.
MT Code § 72-3-610 (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|72-3-610. General duties -- fiduciary

  72-3-610. General duties -- fiduciary. A personal representative is a fiduciary who shall observe the standards of care applicable to trustees under the laws of the state of Montana. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this code and as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred upon the personal representative by this code, the terms of the will, if any, and any order in proceedings to which the personal representative is party for the best interests of successors to the estate.   History: En. 91A-3-703 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-703(1); amd. Sec. 2353, Ch. 56, L. 2009.
MT Code § 72-3-611 (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|72-3-611. No surcharge for authorized acts generally -- limitation

  72-3-611. No surcharge for authorized acts generally -- limitation. (1) A personal representative may not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration and of this code, an informally probated will is authority to administer and distribute the estate according to its terms. Subject to the provisions of this code, an order of appointment of a personal representative, whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning the personal representative's appointment or fitness to continue, or a supervised administration proceeding.   (2) This section does not affect the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants whose claims have been allowed, the surviving spouse, any minor and dependent children, and any pretermitted child of the decedent as described elsewhere in this code.   History: En. 91A-3-703 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-703(2); amd. Sec. 2354, Ch. 56, L. 2009; amd. Sec. 70, Ch. 313, L. 2019.
MT Code § 72-3-612 (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|72-3-612. No individual liability -- exceptions -- certain claims to be brought against personal representative

  72-3-612. No individual liability -- exceptions -- certain claims to be brought against personal representative. (1) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in the personal representative's fiduciary capacity in the course of administration of the estate unless the personal representative fails to reveal the representative capacity and identify the estate in the contract.   (2) A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if the personal representative is personally at fault.   (3) Claims based on contracts entered into by a personal representative in a fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in the personal representative's fiduciary capacity, whether or not the personal representative is individually liable.   (4) Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge, or indemnification or other appropriate proceeding.   History: En. 91A-3-808 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-808; amd. Sec. 2355, Ch. 56, L. 2009.
MT Code § 72-3-614 (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|72-3-614. Power to recover property that is subject of void or voidable transfer

  72-3-614. Power to recover property that is subject of void or voidable transfer. The property liable for the payment of unsecured debts of a decedent includes all property transferred by the decedent by any means that is in law void or voidable as against the decedent's creditors, and subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative.   History: En. 91A-3-709 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-709; amd. Sec. 2356, Ch. 56, L. 2009.
MT Code § 72-3-615 (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|72-3-615. Transaction involving conflict of interest -- voidable -- exceptions

  72-3-615. Transaction involving conflict of interest -- voidable -- exceptions. Any sale or encumbrance to the personal representative, the personal representative's spouse, agent, or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest or any transaction that is affected by a substantial conflict of interest on the part of the personal representative is voidable by any person interested in the estate except one who has consented after fair disclosure unless:   (1) the will or a contract entered into by the decedent expressly authorized the transaction; or   (2) the transaction is approved by the court after notice to interested persons.   History: En. 91A-3-711 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-711; amd. Sec. 2357, Ch. 56, L. 2009.
MT Code § 72-3-616 (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|72-3-616. Improper exercise of power -- breach of fiduciary duty

  72-3-616. Improper exercise of power -- breach of fiduciary duty. (1) If any exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of the personal representative's fiduciary duty to the same extent as a trustee of an express trust.   (2) The rights of purchasers and others dealing with a personal representative must be determined as provided in 72-3-615 and 72-3-618.   History: En. 91A-3-710 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-710; amd. Sec. 2358, Ch. 56, L. 2009.
MT Code § 72-3-617 (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|72-3-617. Order restraining personal representative

  72-3-617. Order restraining personal representative. (1) On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, or distribution or exercise of any powers or discharge of any duties of the office or make any other order to secure proper performance of the personal representative's duty if it appears to the court that the personal representative otherwise may take some action that would jeopardize unreasonably the interest of the applicant or of some other interested person. Persons with whom the personal representative may transact business may be made parties.   (2) The matter must be set for hearing within 10 days unless the parties otherwise agree. Notice as the court directs must be given to the personal representative and the personal representative's attorney of record, if any, and to any other parties named defendant in the petition.   History: En. 91A-3-607 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-607; amd. Sec. 2359, Ch. 56, L. 2009.
MT Code § 72-3-618 (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|72-3-618. Persons dealing with personal representative -- protection

  72-3-618. Persons dealing with personal representative -- protection. (1) A person who in good faith and without notice either assists a personal representative or deals with a personal representative for value is protected as if the personal representative properly exercised the personal representative's power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives that are endorsed on letters as provided in 72-3-404, a provision in any will or order of court purporting to limit the power of a personal representative is not effective except as to persons with actual knowledge of the provision.   (2) A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative.   (3) The protection expressed in this section extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection expressed in this section is not a substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.   History: En. 91A-3-712 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-712; amd. Sec. 18, Ch. 9, Sp. L. May 2000; amd. Sec. 73, Ch. 313, L. 2019.
MT Code § 72-3-619 (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|72-3-619. Powers of personal representatives in general

  72-3-619. Powers of personal representatives in general. (1) Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court.   (2) A personal representative has access to and authority over a digital asset of the decedent to the extent provided by the Revised Uniform Fiduciary Access to Digital Assets Act or by order of court.   History: En. Sec. 72, Ch. 313, L. 2019.
MT Code § 72-3-620 (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|72-3-620. reserved

  72-3-620 reserved.