reglab/housing_qa huggingface dataset:
MT Code § 72-1-101 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 1. Short Title, Definitions, Construction, and General Provisions|72-1-101. Short title -- purpose

  72-1-101. Short title -- purpose. (1) Chapters 1 through 5 and chapter 16, part 6, shall be known and may be cited as the "Uniform Probate Code".   (2) (a) This code shall be liberally construed and applied to promote its underlying purposes and policies.   (b) The underlying purposes and policies of this code are to:   (i) simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors, and incapacitated persons;   (ii) discover and make effective the intent of a decedent in distribution of the decedent's property;   (iii) promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to the decedent's successors;   (iv) facilitate use and enforcement of certain trusts; and   (v) make uniform the law among the various jurisdictions.   History: (1)En. 91A-1-101 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-101; (2)En. Sec. 1, Ch. 313, L. 2019.
MT Code § 72-1-102 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 1. Short Title, Definitions, Construction, and General Provisions|72-1-102. Repealed

  72-1-102. Repealed. Sec. 134, Ch. 494, L. 1993.   History: En. 91A-1-102 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-102.
MT Code § 72-1-104 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 1. Short Title, Definitions, Construction, and General Provisions|72-1-104. Supplementary general principles of law applicable

  72-1-104. Supplementary general principles of law applicable. Unless displaced by the particular provisions of this code, the principles of law and equity supplement its provisions.   History: En. 91A-1-103 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-103.
MT Code § 72-1-105 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 1. Short Title, Definitions, Construction, and General Provisions|72-1-105. Construction against implied repeal

  72-1-105. Construction against implied repeal. This code is a general act intended as a unified coverage of its subject matter, and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.   History: En. 91A-1-105 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-105.
MT Code § 72-1-106 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 1. Short Title, Definitions, Construction, and General Provisions|72-1-106. Uniform Probate Code to take precedence

  72-1-106. Uniform Probate Code to take precedence. Should any provision of this code conflict with any provisions of other statutes of the state of Montana relating to probate, guardianship, or other subjects incorporated in this code and such other statute or statutes was or were adopted prior to the enactment of this code, the provisions of this code shall be deemed to be controlling.   History: En. 91A-6-104 by Sec. 19, Ch. 365, L. 1974; R.C.M. 1947, 91A-6-104.
MT Code § 72-1-107 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 1. Short Title, Definitions, Construction, and General Provisions|72-1-107. Effective date -- applicability

  72-1-107. Effective date -- applicability. (1) This code takes effect on July 1, 1975.   (2) Except as provided elsewhere in this code, on July 1, 1975:   (a) the code applies to any wills of decedents dying thereafter;   (b) the code applies to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent, except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this code;   (c) every personal representative, including a person administering an estate of a minor or incompetent holding an appointment on that date, continues to hold the appointment but has only the powers conferred by this code and is subject to the duties imposed with respect to any act occurring or done thereafter;   (d) an act done before July 1, 1975, in any proceeding and any accrued right are not impaired by this code. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before July 1, 1975, the provisions shall remain in force with respect to that right.   (e) any rule of construction or presumption provided in this code applies to instruments executed and multiple-party accounts opened before July 1, 1975, unless there is a clear indication of a contrary intent.   History: En. 91A-6-102 by Sec. 3, Ch. 365, L. 1974; R.C.M. 1947, 91A-6-102.
MT Code § 72-1-108 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 1. Short Title, Definitions, Construction, and General Provisions|72-1-108. Evidence of death or status

  72-1-108. Evidence of death or status. In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death or status apply:   (1) Death occurs when an individual is determined to be dead under 50-22-101.   (2) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent.   (3) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report.   (4) In the absence of prima facie evidence of death under subsection (2) or (3), the fact of death may be established by clear and convincing evidence, including circumstantial evidence.   (5) An individual whose death is not established under subsections (2) through (4), who is absent for a continuous period of 5 years, during which the individual has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. The individual's death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.   (6) In the absence of evidence disputing the time of death stated on a document described in subsection (2) or (3), a document described in subsection (2) or (3) that states a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by 120 hours.   History: En. 91A-1-107 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-107; amd. Sec. 2, Ch. 582, L. 1989; amd. Sec. 4, Ch. 494, L. 1993.
MT Code § 72-1-109 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 1. Short Title, Definitions, Construction, and General Provisions|72-1-109. Acts by holder of general power

  72-1-109. Acts by holder of general power. For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative, including relief from liability or penalty for failure to post bond, or to perform other duties, the sole holder or all coholders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests (as objects, takers in default, or otherwise) are subject to the power.   History: En. 91A-1-108 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-108.
MT Code § 72-1-110 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 1. Short Title, Definitions, Construction, and General Provisions|72-1-110. Repealed

  72-1-110. Repealed. Sec. 134, Ch. 494, L. 1993.   History: En. 91A-6-101 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-6-101.
MT Code § 72-1-111 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 1. Short Title, Definitions, Construction, and General Provisions|72-1-111. Remedies for fraud -- statute of limitations

  72-1-111. Remedies for fraud -- statute of limitations. (1) Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code or if fraud is used to avoid or circumvent the provisions or purposes of this code, a person injured by the fraud may obtain appropriate relief, including restitution against the perpetrator of the fraud or any person benefiting from the fraud, whether innocent or not, other than a bona fide purchaser for value and without notice.   (2) Any proceeding must be commenced within 2 years after the discovery of the fraud, but a proceeding may not be brought against one not a perpetrator of the fraud later than 5 years after the time of commission of the fraud.   (3) This section has no bearing on remedies relating to fraud practiced on a decedent during the decedent's lifetime that affects the succession of the decedent's estate.   History: En. 91A-1-106 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-106; amd. Sec. 2306, Ch. 56, L. 2009.
MT Code § 72-1-201 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 2. Scope, Jurisdiction, and Courts|72-1-201. Territorial application

  72-1-201. Territorial application. Except as otherwise provided in this code, this code applies to:   (1) the affairs and estates of decedents, missing persons, and persons to be protected in this state;   (2) the property of nonresidents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state;   (3) incapacitated persons and minors in this state; and   (4) survivorship and related accounts in this state.   History: En. 91A-1-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-301; amd. Sec. 4, Ch. 313, L. 2019.
MT Code § 72-1-202 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 2. Scope, Jurisdiction, and Courts|72-1-202. Subject matter jurisdiction

  72-1-202. Subject matter jurisdiction. (1) To the full extent permitted by the constitution, the court has jurisdiction over all subject matter relating to:   (a) estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons; and   (b) protection of minors and incapacitated persons.   (2) The court has full power to make orders, judgments, and decrees and take all other action necessary and proper to administer justice in the matters which come before it.   History: En. 91A-1-302 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-302.
MT Code § 72-1-203 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 2. Scope, Jurisdiction, and Courts|72-1-203. Venue -- multiple proceedings -- transfer

  72-1-203. Venue -- multiple proceedings -- transfer. (1) Where venue for a proceeding under this code may lie in more than one county in the state, the court in which the proceeding is first commenced has the exclusive right to proceed.   (2) If proceedings concerning the same estate, protected person, ward, or trust are commenced in more than one court of this state, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and if the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.   (3) If a court finds that, as a matter of law or in the interest of justice, a proceeding or a file should be located in another court of this state, the court making the finding may transfer the proceeding or file to the other court.   History: En. 91A-1-303 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-303.
MT Code § 72-1-204 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 2. Scope, Jurisdiction, and Courts|72-1-204. Records and certified copies

  72-1-204. Records and certified copies. (1) The clerk of court shall keep a record for each decedent, ward, protected person, or trust involved in any document which may be filed with the court under this code, including petitions and applications, demands for notices or bonds, and of any orders or responses relating thereto by the clerk or court and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information.   (2) Upon payment of the fees required by law, the clerk must issue certified copies of any probated wills, letters issued to personal representatives, or any other record or paper filed or recorded.   (3) Certificates relating to probated wills must indicate whether the decedent was domiciled in this state and whether the probate was formal or informal. Certificates relating to letters must show the date of appointment.   History: En. 91A-1-305 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-305.
MT Code § 72-1-205 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 2. Scope, Jurisdiction, and Courts|72-1-205. Powers of clerk -- performable by clerk or court

  72-1-205. Powers of clerk -- performable by clerk or court. The acts and orders which this code specifies as performable by the clerk of court may be performed either by a judge of the court or by the clerk of court.   History: En. 91A-1-307 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-307.
MT Code § 72-1-206 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 2. Scope, Jurisdiction, and Courts|72-1-206. Oath or affirmation on filed documents

  72-1-206. Oath or affirmation on filed documents. (1) Except as otherwise specifically provided in this code, every document filed with the court under this code, including applications, petitions, reports, accounts, objections, responses, and demands for notice, must include an oath, affirmation, declaration under penalty of perjury as provided in 1-6-105, or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed.   (2) A deliberate falsification of any document filed with the court pursuant to this section constitutes the offense of perjury and is punishable as the offense of false swearing.   History: En. 91A-1-309 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-309; amd. Sec. 4, Ch. 238, L. 2011.
MT Code § 72-1-207 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 2. Scope, Jurisdiction, and Courts|72-1-207. Rules of civil procedure to apply

  72-1-207. Rules of civil procedure to apply. Unless specifically provided to the contrary in this code or unless inconsistent with its provisions, the rules of civil procedure, including the rules concerning vacation of orders and appellate review, govern formal proceedings under this code.   History: En. 91A-1-304 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-304.
MT Code § 72-1-208 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 2. Scope, Jurisdiction, and Courts|72-1-208. Jury trial

  72-1-208. Jury trial. (1) If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding, and any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.   (2) If there is no right to trial by jury under subsection (1) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.   History: En. 91A-1-306 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-306; amd. Sec. 5, Ch. 313, L. 2019.
MT Code § 72-1-209 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 2. Scope, Jurisdiction, and Courts|72-1-209. Appeals

  72-1-209. Appeals. Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments, and power of the appellate court, is governed by the statutes and rules applicable to the appeals to the supreme court.   History: En. 91A-1-308 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-308.
MT Code § 72-1-301 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 3. Notices, Parties, and Representation Generally|72-1-301. Notice -- method and time of giving

  72-1-301. Notice -- method and time of giving. (1) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or the person's attorney if the person has appeared by attorney or requested that notice be sent to the person's attorney. Notice must be given:   (a) by mailing a copy of the notice at least 14 days before the time set for the hearing by certified mail or ordinary first-class mail addressed to the person being notified at the post-office address given in the person's demand for notice, if any, or at the person's office or place of residence, if known;   (b) by delivering a copy of the notice to the person being notified personally at least 14 days before the time set for the hearing; or   (c) if the address or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing the notice in a weekly paper once a week for 3 consecutive weeks and, if in a newspaper published more often than once a week, by publishing on at least 3 different days of publication. There must be at least 10 days from the first to the last day of publication, both the first and last day being included.   (2) The court for good cause shown may provide for a different method or time of giving notice for any hearing.   (3) Proof of the giving of notice must be made on or before the hearing and filed in the proceeding.   History: En. 91A-1-401 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 516, L. 1975; R.C.M. 1947, 91A-1-401; amd. Sec. 2307, Ch. 56, L. 2009.
MT Code § 72-1-302 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 3. Notices, Parties, and Representation Generally|72-1-302. Waiver of notice

  72-1-302. Waiver of notice. A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by the person or the person's attorney and filed in the proceeding. A person for whom a guardianship or other protective order is sought, a ward, or a protected person may not waive notice.   History: En. 91A-1-402 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-402; amd. Sec. 2308, Ch. 56, L. 2009; amd. Sec. 6, Ch. 313, L. 2019.
MT Code § 72-1-304 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 3. Notices, Parties, and Representation Generally|72-1-304. through 72-1-309 reserved

  72-1-304 through 72-1-309 reserved.
MT Code § 72-1-310 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 3. Notices, Parties, and Representation Generally|72-1-310. Permitted pleadings -- verification required

  72-1-310. Permitted pleadings -- verification required. (1) The following pleadings are permitted in probate proceedings:   (a) an application, petition, report, or account filed pursuant to this title; and   (b) an objection or response filed pursuant to this title to an application, petition, report, or account.   (2) Except as provided in 25-4-203 regarding verification by an agent or attorney, the verification must be made as follows:   (a) An application must be verified by the applicant or, if there are two or more parties joining the application, by any one of the applicants.   (b) A petition must be verified by the petitioner or, if there are two or more parties joining the petition, by any one of the petitioners.   (c) A report or account must be verified by the person who has the duty to make the report or account or, if there are two or more persons having a duty to make the report or account, by any one of the persons having the duty.   (d) An objection or response must be verified by the objector or respondent or, if there are two or more parties joining in the objection or response, by any one of the objectors or respondents.   History: En. Sec. 5, Ch. 238, L. 2011; amd. Sec. 147, Ch. 264, L. 2013.
MT Code § 72-1-311 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 3. Notices, Parties, and Representation Generally|72-1-311. Affidavit or verified petition as evidence in uncontested proceedings

  72-1-311. Affidavit or verified petition as evidence in uncontested proceedings. In any probate matter, an affidavit or verified petition must be received as evidence when offered in an uncontested proceeding under this title.   History: En. Sec. 6, Ch. 238, L. 2011; amd. Sec. 148, Ch. 264, L. 2013.
MT Code § 72-1-312 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 1. Uniform Probate Code General Provisions|Part 3. Notices, Parties, and Representation Generally|72-1-312. Attorney signature -- pleadings

  72-1-312. Attorney signature -- pleadings. In addition to the verification required by 25-4-203 and 72-1-310, every application and other pleading filed in connection with any probate proceeding must be signed by the attorney of the person filing the pleading if the person is represented by an attorney. The verification must be made by the person executing or filing the document with the court as provided in 72-1-310.   History: En. Sec. 7, Ch. 238, L. 2011; amd. Sec. 149, Ch. 264, L. 2013.
MT Code § 72-2-101 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 1. Intestate Succession|72-2-101. Renumbered 72-2-811

  72-2-101. Renumbered 72-2-811. Code Commissioner, 1993.
MT Code § 72-2-102 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 1. Intestate Succession|72-2-102. Renumbered 72-2-224

  72-2-102. Renumbered 72-2-224. Code Commissioner, 1993.