reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 10. Closing Estates › 72-3-1006. Certificate

72-3-1006. Certificate.
(1) In probate proceedings under this code requiring the filing of a duplicate United States estate tax return with the department of revenue pursuant to 72-16-906, a final distribution to successors may not be made and petitions may not be granted under 72-3-1001, 72-3-1002, 72-3-1003, or 72-3-1004, unless there has been filed with the clerk:
(a) a certificate from the department of revenue stating that any estate tax due on the assets of the estate has been paid or that no tax is payable; or
(b) an agreement with the department of revenue for extension of time for payment of estate taxes.
(2) This section does not prohibit a partial distribution that may become necessary in the course of administration.
History: En. 91A-3-1004 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 99, L. 1975; R.C.M. 1947, 91A-3-1004; amd. Sec. 11, Ch. 52, L. 1981; amd. Sec. 22, Ch. 9, Sp. L. May 2000; amd. Sec. 3, Ch. 68, L. 2003; amd. Sec. 7, Ch. 364, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 10. Closing Estates › 72-3-1011. Limitation on actions against personal representative

72-3-1011. Limitation on actions against personal representative.
Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within 6 months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.
History: En. 91A-3-1006 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1006.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 10. Closing Estates › 72-3-1012. Liability of distributees to claimants

72-3-1012. Liability of distributees to claimants.
(1) After assets of an estate have been distributed and subject to 72-3-1013, an undischarged claim that is not barred may be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to claimants for amounts received as exempt property, homestead or family allowances, or for amounts in excess of the value of the distributee's distribution as of the time of distribution or for amounts in excess of the value of the distributee's distribution as of the time of distribution.
(2) As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. Any distributee who fails to notify other distributees of the demand made upon the distributee by the claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted against the distributee loses the right of contribution against other distributees.
History: En. 91A-3-1005 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1005; amd. Sec. 2385, Ch. 56, L. 2009; amd. Sec. 78, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 10. Closing Estates › 72-3-1013. Limitation on actions against distributees

72-3-1013. Limitation on actions against distributees.
(1) Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim and the right of any heir or devisee or of a successor personal representative acting in their behalf to recover property improperly distributed or the value thereof from any distributee is forever barred at the later of 3 years after the decedent's death or 1 year after the time of distribution, but all claims of creditors of the decedent are barred 1 year after the decedent's death.
(2) This section does not bar an action to recover property or value received as the result of fraud.
History: En. 91A-3-1007 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1007; amd. Sec. 79, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 10. Closing Estates › 72-3-1014. Certificate discharging liens securing fiduciary performance

72-3-1014. Certificate discharging liens securing fiduciary performance.
After the personal representative's appointment has terminated, the personal representative, the personal representative's sureties, or any successor of either, upon the filing of a verified application showing so far as is known by the applicant that an action concerning the estate is not pending in any court, is entitled to receive a certificate from the clerk that the personal representative appears to have fully administered the estate in question. The certificate evidences discharge of any lien on any property given to secure the obligation of the personal representative in lieu of bond or any surety but does not preclude action against the personal representative or the surety.
History: En. 91A-3-1008 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1008; amd. Sec. 2386, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 10. Closing Estates › 72-3-1015. Estate to be closed within two years

72-3-1015. Estate to be closed within two years.
(1) If an estate has not been closed within 2 years from the date of appointment of the personal representative, the supreme court administrator shall notify the district judge. The judge shall order the personal representative and the personal representative's attorney to appear before the court and show cause why the estate has not been closed.
(2) If, after the show cause hearing, the judge determines that good cause does not exist for failure to close the estate, the judge may make an order directing that the estate be closed within 30 days and that the personal representative and the personal representative's attorney may not receive a fee or other compensation from the estate.
History: En. 91A-3-1011 by Sec. 1, Ch. 191, L. 1975; R.C.M. 1947, 91A-3-1011; amd. Sec. 5, Ch. 104, L. 1981; amd. Sec. 2387, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 10. Closing Estates › 72-3-1016. Subsequent administration upon discovery of other property

72-3-1016. Subsequent administration upon discovery of other property.
If other property of the estate is discovered after an estate has been settled and the personal representative discharged or after 1 year after a closing statement has been filed, the court upon petition of any interested person and upon notice as it directs may appoint the same or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the court orders otherwise, the provisions of this code apply as appropriate; but no claim previously barred may be asserted in the subsequent administration.
History: En. 91A-3-1009 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 11. Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates › 72-3-1101. Collection of personal property by affidavit

72-3-1101. Collection of personal property by affidavit.
(1) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:
(a) the value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000, except as provided in subsection (2);
(b) 30 days have elapsed since the death of the decedent;
(c) no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and
(d) the claiming successor is entitled to payment or delivery of the property.
(2) The department of revenue may refund unclaimed property to a successor of the decedent, pursuant to the provisions of Title 70, chapter 9, part 8, if the value of the unclaimed property is $5,000 or less regardless of the value of the estate.
(3) A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection (1).
History: En. 91A-3-1201 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1201; amd. Sec. 1, Ch. 124, L. 1981; amd. Sec. 1, Ch. 234, L. 1999; amd. Sec. 2, Ch. 513, L. 2005; amd. Sec. 1, Ch. 85, L. 2013; amd. Sec. 1, Ch. 453, L. 2023.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 11. Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates › 72-3-1102. Effect of affidavit

72-3-1102. Effect of affidavit.
(1) The person paying, delivering, transferring, or issuing personal property or the evidence of personal property pursuant to affidavit is discharged and released to the same extent as if the person dealt with a personal representative of the decedent. The person is not required to see to the application of the personal property or evidence of personal property or to inquire into the truth of any statement in the affidavit.
(2) If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence of personal property, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled to the property.
(3) A person to whom payment, delivery, transfer, or issuance is made is answerable and accountable for the property to any person representative of the estate or to any other person having a superior right.
History: En. 91A-3-1202 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1202; amd. Sec. 2388, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 11. Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates › 72-3-1103. Small estates -- summary administration procedure

72-3-1103. Small estates -- summary administration procedure.
If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, without giving notice to the creditors, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in 72-3-1104.
History: En. 91A-3-1203 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1203; amd. Sec. 2, Ch. 124, L. 1981; amd. Sec. 16, Ch. 582, L. 1989.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 11. Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates › 72-3-1104. Small estates -- closing by sworn statement of personal representative

72-3-1104. Small estates -- closing by sworn statement of personal representative.
(1) Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of 72-3-1103 by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating that:
(a) to the best knowledge of the personal representative, the value of the entire estate, less liens and encumbrances, did not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable, necessary medical and hospital expenses of the last illness of the decedent;
(b) the personal representative has fully administered the estate by payment of estate taxes and by disbursing and distributing it to the persons entitled to it; and
(c) the personal representative has sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred and has furnished a full account in writing of the administration to the distributees whose interests are affected.
(2) If actions or proceedings involving the personal representative are not pending in the court 1 year after the closing statement is filed, the appointment of the personal representative terminates.
(3) A closing statement filed under this section has the same effect as one filed under 72-3-1004.
History: En. 91A-3-1204 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1204; amd. Sec. 3, Ch. 124, L. 1981; amd. Sec. 17, Ch. 582, L. 1989; amd. Sec. 23, Ch. 9, Sp. L. May 2000.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration › Part 1. General Provisions › 72-4-101. Definitions

72-4-101. Definitions.
In this chapter, the following definitions apply:
(1) "Local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings described in chapter 3.
(2) "Local personal representative" includes any personal representative appointed in this state pursuant to appointment proceedings described in chapter 3 and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to 72-4-310.
(3) "Resident creditor" means a person domiciled in or doing business in this state who is or could be a claimant against an estate of a nonresident decedent.
History: En. 91A-4-101 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-101.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration › Part 2. Jurisdiction Over Foreign Personal Representatives › 72-4-201. Jurisdiction by act of foreign personal representative

72-4-201. Jurisdiction by act of foreign personal representative.
(1) A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by:
(a) filing authenticated copies of the foreign personal representative's appointment as provided in 72-4-309;
(b) receiving payment of money or taking delivery of personal property under 72-4-306; or
(c) doing any act as a personal representative in this state that would have given the state jurisdiction over the foreign personal representative as an individual.
(2) Jurisdiction under subsection (1)(b) is limited to the money or value of personal property collected.
History: En. 91A-4-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-301; amd. Sec. 12, Ch. 52, L. 1981; amd. Sec. 2389, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration › Part 2. Jurisdiction Over Foreign Personal Representatives › 72-4-202. Jurisdiction by act of decedent

72-4-202. Jurisdiction by act of decedent.
In addition to jurisdiction conferred by 72-4-201, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that the foreign personal representative's decedent was subject to jurisdiction immediately prior to death.
History: En. 91A-4-302 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-302; amd. Sec. 2390, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration › Part 2. Jurisdiction Over Foreign Personal Representatives › 72-4-203. Service on foreign personal representative

72-4-203. Service on foreign personal representative.
(1) Service of process may be made upon the foreign personal representative by registered or certified mail addressed to the foreign personal representative's last reasonably ascertainable address requesting a return receipt signed by addressee only. Notice by ordinary first-class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this state on either the foreign personal representative or the foreign personal representative's decedent immediately prior to death.
(2) If service is made upon a foreign personal representative as provided in subsection (1), the foreign personal representative must be allowed at least 30 days within which to appear or respond.
History: En. 91A-4-303 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-303; amd. Sec. 2391, Ch. 56, L. 2009; amd. Sec. 80, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration › Part 3. Powers and Duties of Foreign Personal Representative › 72-4-301. Renumbered 72-4-310

72-4-301. Renumbered 72-4-310.
Sec. 17, Ch. 52, L. 1981.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration › Part 3. Powers and Duties of Foreign Personal Representative › 72-4-302. Renumbered 72-4-311

72-4-302. Renumbered 72-4-311.
Sec. 17, Ch. 52, L. 1981.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration › Part 3. Powers and Duties of Foreign Personal Representative › 72-4-303. Filing of letters, bond, inventory, and affidavit

72-4-303. Filing of letters, bond, inventory, and affidavit.
(1) The domiciliary foreign personal representative of the estate of a nonresident decedent, who wishes to receive payment and delivery as described in 72-4-306 or to exercise the powers over assets described in 72-4-310, shall file with a district court in this state in a county in which property belonging to the decedent is located:
(a) an authenticated copy of the personal representative's appointment and of any official bond given;
(b) an inventory of the property of the nonresident decedent located in this state, which must contain the information prescribed in 72-3-607; and
(c) an affidavit stating:
(i) the date of death of the nonresident decedent; and
(ii) that no local administration or application or petition for local administration is pending in this state.
(2) Upon receiving the information required by subsection (1), the clerk of court shall issue a certificate to the domiciliary foreign personal representative identifying the representative as having registered with the district court and stating the name and date of death of the decedent.
History: En. 91A-4-201 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-201; amd. Sec. 4, Ch. 68, L. 2003; amd. Sec. 3, Ch. 513, L. 2005.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration › Part 3. Powers and Duties of Foreign Personal Representative › 72-4-304. Repealed

72-4-304. Repealed.
Sec. 36, Ch. 9, Sp. L. May 2000.
History: En. 91A-4-202 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-202.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration › Part 3. Powers and Duties of Foreign Personal Representative › 72-4-305. Right to inspect estate assets for inventory

72-4-305. Right to inspect estate assets for inventory.
A person holding property of a nonresident decedent, including any instrument evidencing a debt, obligation, stock, or chose in action, shall permit the domiciliary foreign personal representative of the nonresident decedent to inspect and appraise the property for purposes of completing the inventory called for in 72-4-303(1) upon being presented with proof of the representative's appointment and an affidavit made by or on behalf of the representative stating:
(1) the date of death of the nonresident decedent;
(2) that no local administration or application or petition for local administration is pending in this state; and
(3) that the domiciliary foreign personal representative is entitled to make the inspection and appraisal.
History: En. 91A-4-203 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-203; amd. Sec. 5, Ch. 68, L. 2003.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration › Part 3. Powers and Duties of Foreign Personal Representative › 72-4-306. Payment of debt and delivery of property to foreign representative

72-4-306. Payment of debt and delivery of property to foreign representative.
At any time after the expiration of 60 days from the death of a nonresident decedent, a person indebted to the estate of the nonresident decedent or having possession or control of personal property or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the estate of the nonresident decedent may pay the debt or deliver the personal property or the instrument evidencing the debt, obligation, stock, or chose in action to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of the domiciliary foreign personal representative's appointment and an affidavit made by or on behalf of the representative, stating:
(1) the date of the death of the nonresident decedent;
(2) that no local administration or application or petition for local administration is pending in this state;
(3) that the domiciliary foreign personal representative is entitled to payment or delivery.
History: En. 91A-4-204 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-204; amd. Sec. 14, Ch. 52, L. 1981; amd. Sec. 2392, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration › Part 3. Powers and Duties of Foreign Personal Representative › 72-4-307. Payment or delivery discharges debtor or possessor

72-4-307. Payment or delivery discharges debtor or possessor.
Payment or delivery made in good faith on the basis of the certificate of the clerk of court and the certificate of the department of revenue releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative.
History: En. 91A-4-205 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-205.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration › Part 3. Powers and Duties of Foreign Personal Representative › 72-4-308. Payment or delivery to foreign representative prohibited by resident creditor notice

72-4-308. Payment or delivery to foreign representative prohibited by resident creditor notice.
Payment or delivery under 72-4-306 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid or the property delivered to the domiciliary foreign personal representative.
History: En. 91A-4-206 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-206; amd. Sec. 15, Ch. 52, L. 1981.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration › Part 3. Powers and Duties of Foreign Personal Representative › 72-4-309. Proof of authority -- bond

72-4-309. Proof of authority -- bond.
If a local administration or application or petition for local administration is not pending in this state, a domiciliary foreign personal representative may file with a court in this state in a county in which property belonging to the decedent is located, authenticated copies of the domiciliary foreign personal representative's appointment and of any official bond that the domiciliary foreign personal representative has given.
History: En. Sec. 16, Ch. 52, L. 1981; amd. Sec. 2393, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration › Part 3. Powers and Duties of Foreign Personal Representative › 72-4-310. Powers of foreign representative generally

72-4-310. Powers of foreign representative generally.
A domiciliary foreign personal representative who has complied with 72-4-309 may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state, subject to any conditions imposed upon nonresident parties generally.
History: En. 91A-4-207 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-207; amd. Sec. 13, Ch. 52, L. 1981; MCA 1979, 72-4-301; redes. 72-4-310 by Sec. 17, Ch. 52, L. 1981.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration › Part 3. Powers and Duties of Foreign Personal Representative › 72-4-311. Effect of local administration on foreign representative, third persons, and local representative

72-4-311. Effect of local administration on foreign representative, third persons, and local representative.
(1) The power of a domiciliary foreign personal representative under 72-4-306 or 72-4-310 may be exercised only if there is no administration or application for administration pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under 72-4-310, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate.
(2) A person who, before receiving actual notice of a pending local administration, has changed the person's position in reliance upon the powers of a foreign personal representative may not be prejudiced by reason of the application or petition for or grant of local administration. The local personal representative is subject to all duties and obligations that have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for the foreign personal representative in any action or proceedings in this state.
History: En. 91A-4-208 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-208; MCA 1979, 72-4-302; redes. 72-4-311 by Sec. 17, Ch. 52, L. 1981; amd. Sec. 2394, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration › Part 4. Ancillary Administration › 72-4-401. Ancillary administration -- provisions governing

72-4-401. Ancillary administration -- provisions governing.
In respect to a nonresident decedent, the provisions of this code govern:
(1) proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal representative and any other order concerning the estate; and
(2) the status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration.
History: En. 91A-4-209 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-209.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration › Part 4. Ancillary Administration › 72-4-402. Adjudication in other jurisdiction binding on local representative

72-4-402. Adjudication in other jurisdiction binding on local representative.
An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if the local personal representative were a party to the adjudication.
History: En. 91A-4-401 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-401; amd. Sec. 2395, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 1. General Provisions › 72-5-101. Definitions

72-5-101. Definitions.
Unless otherwise apparent from the context, in chapters 1 through 5 and chapter 16, part 6, the following definitions apply:
(1) "Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, except minority, to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the person or which cause has so impaired the person's judgment that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment.
(2) "Protected person" means a minor or other person for whom a conservator has been appointed or other protective order has been made.
(3) "Protective proceeding" means a proceeding under the provisions of 72-5-409 to determine that a person cannot effectively manage or apply the person's estate to necessary ends, either because the person lacks the ability or is otherwise inconvenienced or because the person is a minor, and to secure administration of the person's estate by a conservator or other appropriate relief.
(4) "Substituted judgment" means the judgment that an incapacitated person would make if restored to capacity based upon:
(a) the person's present preference or, if the person is incapable of indicating the person's preference, the person's prior expressed preference;
(b) the person's personal, moral, and religious convictions;
(c) the person's relationship with family members;
(d) the consequences if the action proposed is not taken;
(e) the consequences if the action proposed is taken; and
(f) other relevant factors.
(5) "Ward" means a person for whom a guardian has been appointed. A "minor ward" is a minor for whom a guardian has been appointed solely because of minority.
History: En. 91A-5-101 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 514, L. 1977; R.C.M. 1947, 91A-5-101; amd. Sec. 1, Ch. 382, L. 1991; amd. Sec. 2396, Ch. 56, L. 2009; amd. Sec. 1, Ch. 237, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 1. General Provisions › 72-5-102. Consolidation of proceedings

72-5-102. Consolidation of proceedings.
When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
History: En. 91A-5-102 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-102; amd. Sec. 24, Ch. 236, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 1. General Provisions › 72-5-103. Delegation of powers by parent or guardian

72-5-103. Delegation of powers by parent or guardian.
(1) A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding 6 months, any powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward.
(2) The 6-month limitation provided in subsection (1) does not apply to:
(a) a member of the Montana national guard who serves for more than 180 continuous days on duty pursuant to Title 10 or Title 32 of the United States Code or on state military duty as defined in 10-1-1003;
(b) a member of the active duty military forces of the United States; or
(c) a member of the federal reserves who serves for more than 180 continuous days on duty pursuant to Title 10 of the United States Code.
(3) As used in this section, "federal reserves" means the United States air force reserve, army reserve, navy reserve, marine corps reserve, or coast guard reserve.
History: En. 91A-5-104 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-104; amd. Sec. 1, Ch. 104, L. 1999; amd. Sec. 9, Ch. 235, L. 2015.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 1. General Provisions › 72-5-104. Informal discharge of duty to pay or deliver property to minor

72-5-104. Informal discharge of duty to pay or deliver property to minor.
(1) A person under a duty to pay or deliver money or personal property to a minor may perform this duty, in amounts not exceeding $5,000 a year, by paying or delivering the money or property to:
(a) the minor, if the minor has attained 18 years of age or is married;
(b) any person having the care and custody of the minor with whom the minor resides;
(c) a guardian of the minor; or
(d) a financial institution incident to a deposit in a federally insured savings account in the sole name of the minor and giving notice of the deposit to the minor.
(2) This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending.
(3) The persons, other than the minor or any financial institution under subsection (1)(d), receiving money or property for a minor are obligated to apply the money to the support and education of the minor but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support. Any excess sums must be preserved for future support of the minor, and any balance not so used and any property received for the minor must be turned over to the minor when the minor attains majority. Persons who pay or deliver in accordance with provisions of this section are not responsible for the proper application of the money or property.
History: En. 91A-5-103 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-103; amd. Sec. 2397, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 1. General Provisions › 72-5-110. Vaccination status prohibited as evidence or grounds for decision

72-5-110. Vaccination status prohibited as evidence or grounds for decision.
In considering and deciding a petition for guardianship of a minor pursuant to part 2 or of an incapacitated adult pursuant to part 3, a court may not:
(1) admit into evidence the vaccination status of a person seeking appointment as a guardian; or
(2) consider a person's vaccination status when making an order on the petition.
History: En. Sec. 4, Ch. 286, L. 2023.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 2. Guardians of Minors › 72-5-201. Status of guardian of minor -- how acquired generally -- letters to indicate means of appointment

72-5-201. Status of guardian of minor -- how acquired generally -- letters to indicate means of appointment.
(1) A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court.
(2) Letters of guardianship must indicate whether the guardian was appointed by will or by court order.
(3) The guardianship status continues until terminated, without regard to the location from time to time of the guardian and minor ward.
History: En. 91A-5-201, 91A-5-208 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-201, 91A-5-208(part).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 2. Guardians of Minors › 72-5-202. Consent to jurisdiction by acceptance of appointment

72-5-202. Consent to jurisdiction by acceptance of appointment.
(1) By accepting a testamentary or court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person.
(2) Notice of any proceeding must be delivered to the guardian or mailed to the guardian by ordinary mail at the guardian's address as listed in the court records and to the guardian's address as then known to the petitioner.
History: En. 91A-5-208 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-208(part); amd. Sec. 2398, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 2. Guardians of Minors › 72-5-211. Testamentary appointment of guardian of minor -- when effective -- priorities -- notice of appointment

72-5-211. Testamentary appointment of guardian of minor -- when effective -- priorities -- notice of appointment.
(1) The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under 72-5-213, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated if before acceptance both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority.
(2) Upon acceptance of an appointment, written notice of acceptance must be given by the guardian to the minor and to the person having the minor's care or to the minor's nearest adult relations.
History: En. 91A-5-202 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-202(part); amd. Sec. 2399, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 2. Guardians of Minors › 72-5-212. Recognition of appointment of guardian by foreign will

72-5-212. Recognition of appointment of guardian by foreign will.
This state recognizes a testamentary appointment effected by filing the guardian's acceptance under a will probated in another state which is the testator's domicile.
History: En. 91A-5-202 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-202(part).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 2. Guardians of Minors › 72-5-213. Objection by minor 14 years of age or older to testamentary appointment

72-5-213. Objection by minor 14 years of age or older to testamentary appointment.
A minor 14 years of age or older may prevent an appointment of the minor's testamentary guardian from becoming effective or may cause a previously accepted appointment to terminate by filing with the court in which the will is probated a written objection to the appointment before it is accepted or within 30 days after notice of its acceptance. An objection may be withdrawn. An objection does not preclude appointment by the court in a proper proceeding of the testamentary nominee or any other suitable person.
History: En. 91A-5-203 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-203; amd. Sec. 2400, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 2. Guardians of Minors › 72-5-221. Venue for proceedings for court appointment of guardian of minor

72-5-221. Venue for proceedings for court appointment of guardian of minor.
The venue for guardianship proceedings for a minor is in the place where the minor resides or is present.
History: En. 91A-5-205 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-205.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 2. Guardians of Minors › 72-5-222. Court appointment of guardian of minor -- when allowed -- priority of testamentary appointment

72-5-222. Court appointment of guardian of minor -- when allowed -- priority of testamentary appointment.
(1) The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or if parental rights have been suspended or limited by circumstances or prior court order.
(2) A guardian appointed by will as provided in 72-5-211 and 72-5-212 whose appointment has not been prevented or nullified under 72-5-213 has priority over any guardian who may be appointed by the court, but the court may proceed with an appointment upon a finding that the testamentary guardian has failed to accept the testamentary appointment within 30 days after notice of the guardianship proceeding.
History: En. 91A-5-204 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-204; amd. Sec. 6, Ch. 290, L. 1999.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 2. Guardians of Minors › 72-5-223. Guardian of minor by court appointment -- qualifications -- nominee of minor preferred

72-5-223. Guardian of minor by court appointment -- qualifications -- nominee of minor preferred.
The court may appoint as guardian any person whose appointment would be in the best interests of the minor, including the minor's interest in continuity of care. The court shall appoint a person nominated by the minor if the minor is 14 years of age or older unless the court finds the appointment contrary to the best interests of the minor.
History: En. 91A-5-206 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-206; amd. Sec. 7, Ch. 210, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 2. Guardians of Minors › 72-5-224. Temporary guardian of minor

72-5-224. Temporary guardian of minor.
If necessary, the court may appoint a temporary guardian with the status of an ordinary guardian of a minor, but the authority of a temporary guardian shall not last longer than 6 months.
History: En. 91A-5-207 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-207(3).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 2. Guardians of Minors › 72-5-225. Procedure for court appointment of guardian of minor -- notice -- hearing -- representation by attorney

72-5-225. Procedure for court appointment of guardian of minor -- notice -- hearing -- representation by attorney.
(1) Notice of the time and place of hearing of a petition for the appointment of a guardian of a minor must be given by the petitioner in the manner prescribed by 72-1-301 to:
(a) the minor, if the minor is 14 years of age or older;
(b) the person who has had the principal care and custody of the minor during the 60 days preceding the date of the petition; and
(c) any living parent of the minor.
(2) Upon hearing, the court shall make the appointment if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of 72-5-222 have been met, and the welfare and best interests of the minor, including the need for continuity of care, will be served by the requested appointment. In other cases, the court may dismiss the proceedings or make any other disposition of the matter that will best serve the interests of the minor.
(3) If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, the court may order the office of state public defender, provided for in 2-15-1029, to assign counsel pursuant to the Montana Public Defender Act, Title 47, chapter 1, to represent the minor.
History: En. 91A-5-207 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-207(1), (2), (4); amd. Sec. 2, Ch. 93, L. 1979; amd. Sec. 63, Ch. 449, L. 2005; amd. Sec. 8, Ch. 210, L. 2009; amd. Sec. 41, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 2. Guardians of Minors › 72-5-232. Repealed

72-5-232. Repealed.
Sec. 26, Ch. 236, L. 2009.
History: En. 91A-5-211 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-211.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 2. Guardians of Minors › 72-5-233. Termination of appointment -- how effected -- certain liabilities and obligations not affected

72-5-233. Termination of appointment -- how effected -- certain liabilities and obligations not affected.
(1) A guardian's authority and responsibility terminates upon the death, resignation, or removal of the guardian or upon the minor's death, except as provided in subsection (2), adoption, marriage, or attainment of majority, but termination does not affect a guardian's liability for prior acts or a guardian's obligation to account for funds and assets of the guardian's ward. Resignation of a guardian does not terminate the guardianship until it has been approved by the court. A testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.
(2) The guardian's authority and responsibility for a minor who dies while the minor is a ward of the guardian terminates when the guardian has completed arrangements for the final disposition of the ward's physical remains and personal effects as provided in 72-5-231(5).
History: En. 91A-5-210 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-210; amd. Sec. 2, Ch. 238, L. 2003.