reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 16. Oil and Gas Owners' Lien › 71-3-1603. Extent of lien -- dispute resolution -- notice -- buyer in ordinary course of business

71-3-1603. Extent of lien -- dispute resolution -- notice -- buyer in ordinary course of business.
(1) To secure payment from the sale of oil or gas, an interest owner, subject to 71-3-1606(2) and subsection (4) of this section, has a continuing security interest in and the right to a lien upon the severed oil or gas or the proceeds from the sale of severed oil or gas to the extent of the interest owner's interest until the purchase price has been paid to the interest owner.
(2) If there is a bona fide dispute about the amount due to the interest owner, the security interest and lien do not accrue if the person holding the proceeds upon which the interest owner's security interest and lien are based makes a good faith determination of the amount of payment due to the interest owner and pays the interest owner that amount.
(3) (a) To have effect, a security interest or lien claimed under this part must be perfected as provided in 71-3-1605, and a copy of the notice of the lien, as provided in 71-3-1605, must be provided by an interest owner claiming the security interest or lien to other interest owners, if any, and to the operator, first purchaser, or purchaser by registered or certified mail.
(b) A security interest or lien is not valid under this part unless the provisions in subsection (3)(a) have been met.
(4) (a) A buyer in the ordinary course of business, as described in Title 30, chapter 9A, and subsection (4)(b), is entitled to the severed oil or gas free of the security interest and a lien filed by the interest owner under this part.
(b) A buyer in the ordinary course of business is:
(i) a first purchaser or purchaser who has paid the purchase price for severed oil or gas to the interest owner; or
(ii) a person who pays the purchase price for severed oil or gas to a person authorized to receive payment on behalf of an interest owner.
(c) The property of the first purchaser or purchaser described under subsection (4)(b)(ii) also is free from and not subject to a security interest or lien granted to an interest owner under this part.
History: En. Sec. 3, Ch. 367, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 16. Oil and Gas Owners' Lien › 71-3-1604. Validity of lien -- transferability

71-3-1604. Validity of lien -- transferability.
(1) The security interest and lien granted to an interest owner under this part are not dependent on the interest owner's or operator's possession of the severed oil or gas.
(2) A change or transfer of the actual or constructive possession of or title to the severed oil or gas from an interest owner or an operator to a first purchaser or purchaser does not void or impair the security interest or lien.
History: En. Sec. 4, Ch. 367, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 16. Oil and Gas Owners' Lien › 71-3-1606. Rights of first purchasers

71-3-1606. Rights of first purchasers.
(1) The following are not affected by the provisions of this part or the filing of any instrument permitted under this part:
(a) transfer of the legal title to oil or gas from an interest owner or operator to a first purchaser;
(b) ownership of oil or gas before the oil or gas is severed, as reflected by records affecting real property; or
(c) the right of a first purchaser to take or receive oil or gas under the terms of a division order or a similar agreement for the sale and purchase of oil or gas.
(2) A first purchaser or purchaser is free to transport oil or gas products out of the state or to sell oil or gas products without permission or release of a lien perfected under 71-3-1605.
History: En. Sec. 6, Ch. 367, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 16. Oil and Gas Owners' Lien › 71-3-1607. Expiration of lien -- enforcement -- consolidation -- costs -- personal actions -- other rights and remedies

71-3-1607. Expiration of lien -- enforcement -- consolidation -- costs -- personal actions -- other rights and remedies.
(1) A security interest and lien claimed by an interest owner under 71-3-1603 and perfected under 71-3-1605 are attached to oil or gas that has not been paid for or to the proceeds of oil or gas if the oil or gas has been sold. The security interest and lien expire 1 year after the date of the filing of the notice of the lien under 71-3-1605 unless within that year the interest owner files a personal right of action, as provided in subsection (2), in a court of competent jurisdiction in the county in which the leasehold is located. The interest owner may request an extension of the security interest and lien as part of the personal right of action filing.
(2) Any number of persons claiming security interests and liens with respect to the oil or gas from the same leasehold may join a personal right of action. The court may consolidate any separate personal rights of action.
(3) The court may allow to the prevailing party costs as provided in 71-3-124 and any money paid for copying or obtaining records filed under this part.
(4) If the personal right of action is commenced after the filing of an instrument, as provided in 71-3-1605, the instrument must be considered as a lien upon the severed oil or gas or on the proceeds from the sale of the severed oil or gas, if sold, to the extent of the interest owner's claim for payment of the amount due the interest owner or the amount of the security interest and lien recorded under 71-3-1605 by the interest owner. The security interest and lien may be further enforced as provided in 71-3-124.
(5) The provisions of this part do not impair or affect the right of a person to whom a debt may be due to maintain a personal right of action to recover the debt against a person who is liable for the debt.
(6) The provisions of this part are cumulative to the provisions of Title 30, chapter 9A, and not a limitation on or a substitution or impairment of any rights or remedies provided to a creditor against a debtor under Title 30, chapter 9A.
History: En. Sec. 7, Ch. 367, L. 2009.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 1. Intestate Succession › 72-2-103. Renumbered 72-2-812

72-2-103. Renumbered 72-2-812.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 1. Intestate Succession › 72-2-104. Renumbered 72-2-813

72-2-104. Renumbered 72-2-813.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 1. Intestate Succession › 72-2-105. Renumbered 72-2-534

72-2-105. Renumbered 72-2-534.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 1. Intestate Succession › 72-2-111. Intestate estate

72-2-111. Intestate estate.
(1) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in chapters 1 through 5, except as modified by the decedent's will.
(2) A decedent may by will expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed an intestate share.
History: En. 91A-2-101 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-101; amd. Sec. 10, Ch. 494, L. 1993; Sec. 72-2-201, MCA 1991; redes. 72-2-111 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 1. Intestate Succession › 72-2-112. Share of spouse

72-2-112. Share of spouse.
The intestate share of a decedent's surviving spouse is:
(1) the entire intestate estate if:
(a) no descendant or parent of the decedent survives the decedent; or
(b) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;
(2) the first $300,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent but a parent of the decedent survives the decedent;
(3) the first $225,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent;
(4) the first $150,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.
History: En. 91A-2-102 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 363, L. 1975; R.C.M. 1947, 91A-2-102; amd. Sec. 4, Ch. 582, L. 1989; amd. Sec. 11, Ch. 494, L. 1993; Sec. 72-2-202, MCA 1991; redes. 72-2-112 by Code Commissioner, 1993; amd. Sec. 8, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 1. Intestate Succession › 72-2-113. Share of heirs other than surviving spouse

72-2-113. Share of heirs other than surviving spouse.
(1) Any part of the intestate estate not passing to the decedent's surviving spouse under 72-2-112, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent:
(a) to the decedent's descendants by representation;
(b) if there is no surviving descendant, to the decedent's parents equally if both survive or to the surviving parent;
(c) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation;
(d) if there is no surviving descendant, parent, or descendant of a parent and the decedent is:
(i) survived by one or more grandparents or descendants of grandparents:
(A) one-half to:
(I) the decedent's paternal grandparents equally if both survive;
(II) the surviving paternal grandparent; or
(III) the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and
(B) the other one-half to the decedent's maternal relatives in the same manner; or
(ii) not survived by a grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate to the decedent's relatives on the other side in the same manner as the half;
(e) if there is no surviving descendant, grandparent, or descendant of a grandparent, to the person of the closest degree of kinship with the decedent. Except as provided in subsection (2), if more than one person is of that closest degree, those persons share equally.
(2) If more than one person is of the closest degree as provided in subsection (1)(e) but they claim through different ancestors, those who claim through the nearer ancestor must receive to the exclusion of those claiming through a more remote ancestor.
History: En. 91A-2-103 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 2, Ch. 363, L. 1975; R.C.M. 1947, 91A-2-103; amd. Sec. 2, Ch. 52, L. 1981; amd. Sec. 12, Ch. 494, L. 1993; Sec. 72-2-203, MCA 1991; redes. 72-2-113 by Code Commissioner, 1993; amd. Sec. 66, Ch. 18, L. 1995.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 1. Intestate Succession › 72-2-114. Requirement that heir survive decedent for 120 hours

72-2-114. Requirement that heir survive decedent for 120 hours.
An individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly. If it is not established by clear and convincing evidence that an individual who would otherwise be an heir survived the decedent by 120 hours, it is deemed that the individual failed to survive for the required period. This section is not to be applied if its application would result in a taking of intestate estate by the state under 72-2-115.
History: En. 91A-2-104 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-104; amd. Sec. 14, Ch. 494, L. 1993; Sec. 72-2-205, MCA 1991; redes. 72-2-114 by Code Commissioner, 1993; amd. Sec. 9, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 1. Intestate Succession › 72-2-115. No taker

72-2-115. No taker.
If there is no taker under the provisions of this chapter, the intestate estate passes to the state of Montana.
History: En. 91A-2-105 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-105; amd. Sec. 16, Ch. 494, L. 1993; Sec. 72-2-207, MCA 1991; redes. 72-2-115 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 1. Intestate Succession › 72-2-116. Representation

72-2-116. Representation.
(1) As used in this section, the following definitions apply:
(a) "Deceased descendant", "deceased parent", or "deceased grandparent" means a descendant, parent, or grandparent who either predeceased the decedent or is deemed to have predeceased the decedent under 72-2-114.
(b) "Surviving descendant" means a descendant who neither predeceased the decedent nor is deemed to have predeceased the decedent under 72-2-114.
(2) (a) If, under 72-2-113(1)(a), a decedent's intestate estate or a part of the intestate estate passes by representation to the decedent's descendants, the estate or part of the estate is divided into as many equal shares as there are:
(i) surviving descendants in the generation nearest to the decedent that contains one or more surviving descendants; and
(ii) deceased descendants in the same generation who left surviving descendants, if any.
(b) Each surviving descendant in the nearest generation is allocated one share. The share of each deceased descendant in the same generation as the surviving descendant is divided in the same manner, with the subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants.
(3) (a) If, under 72-2-113(1)(c) or (1)(d), a decedent's intestate estate or a part of the intestate estate passes by representation to the descendants of the decedent's deceased parents or either of them or to the descendants of the decedent's deceased paternal or maternal grandparents or either of them, the estate or part of the estate is divided into as many equal shares as there are:
(i) surviving descendants in the generation nearest the deceased parents or either of them or nearest the deceased grandparents or either of them that contains one or more surviving descendants; and
(ii) deceased descendants in the same generation who left surviving descendants, if any.
(b) Each surviving descendant in the nearest generation is allocated one share. The share of each deceased descendant in the same generation as the surviving descendant is divided in the same manner, with the subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants.
History: En. 91A-2-106 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-106; amd. Sec. 13, Ch. 494, L. 1993; Sec. 72-2-204, MCA 1991; redes. 72-2-116 by Code Commissioner, 1993; amd. Sec. 67, Ch. 18, L. 1995; amd. Sec. 3, Ch. 592, L. 1995; amd. Sec. 10, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 1. Intestate Succession › 72-2-117. Kindred of half blood

72-2-117. Kindred of half blood.
Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
History: En. 91A-2-107 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-107; Sec. 72-2-211, MCA 1991; redes. 72-2-117 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 1. Intestate Succession › 72-2-118. Afterborn heirs

72-2-118. Afterborn heirs.
An individual in gestation at a particular time is treated as living at that time if the individual lives 120 hours or more after birth. If it is not established by clear and convincing evidence that an individual in gestation at the decedent's death lived 120 hours after birth, it is deemed that the individual failed to survive for the required period.
History: En. 91A-2-108 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-108; amd. Sec. 18, Ch. 494, L. 1993; Sec. 72-2-212, MCA 1991; redes. 72-2-118 by Code Commissioner, 1993; amd. Sec. 11, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 1. Intestate Succession › 72-2-119. Advancements

72-2-119. Advancements.
(1) If an individual dies intestate as to all or a portion of the individual's estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if:
(a) the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement; or
(b) the decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.
(2) For purposes of subsection (1), property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs.
(3) If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's contemporaneous writing provides otherwise.
History: En. 91A-2-110 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-110; amd. Sec. 15, Ch. 494, L. 1993; Sec. 72-2-206, MCA 1991; redes. 72-2-119 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 1. Intestate Succession › 72-2-120. Debts to decedent

72-2-120. Debts to decedent.
A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's descendants.
History: En. Sec. 21, Ch. 494, L. 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 1. Intestate Succession › 72-2-121. Alienage

72-2-121. Alienage.
No individual is disqualified to take as an heir because the individual or an individual through whom the individual claims is or has been an alien.
History: En. 91A-2-111 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-111; amd. Sec. 20, Ch. 494, L. 1993; Sec. 72-2-214, MCA 1991; redes. 72-2-121 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 1. Intestate Succession › 72-2-122. Dower and curtesy abolished

72-2-122. Dower and curtesy abolished.
The estates of dower and curtesy are abolished.
History: En. 91A-2-112 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-112; Sec. 72-2-701, MCA 1991; redes. 72-2-122 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 1. Intestate Succession › 72-2-123. Individuals related to decedent through two lines

72-2-123. Individuals related to decedent through two lines.
An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share.
History: En. Sec. 4, Ch. 52, L. 1981; amd. Sec. 17, Ch. 494, L. 1993; Sec. 72-2-210, MCA 1991; redes. 72-2-123 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 1. Intestate Succession › 72-2-124. Parent and child relationship

72-2-124. Parent and child relationship.
(1) Except as provided in subsections (2) and (3), for the purposes of intestate succession by, through, or from a person, an individual is the child of the child's natural parents, regardless of their marital status. The parent and child relationship may be established under Title 40, chapter 6, part 1.
(2) An adopted individual is the child of an adopting parent or parents and not of the natural parents, but adoption of a child by the spouse of either natural parent has no effect on:
(a) the relationship between the child and that natural parent; or
(b) the right of the child or a descendant of the child to inherit from or through the other natural parent.
(3) Inheritance from or through a child by either natural parent or the parent's kindred is precluded unless that natural parent has openly treated the child as the parent's and has not refused to support the child.
History: En. 91A-2-109 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-109; amd. Sec. 3, Ch. 52, L. 1981; amd. Sec. 19, Ch. 494, L. 1993; Sec. 72-2-213, MCA 1991; redes. 72-2-124 by Code Commissioner, 1993; amd. Sec. 1, Ch. 290, L. 1999.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 1. Intestate Succession › 72-2-125. Parent barred from inheriting in certain circumstances

72-2-125. Parent barred from inheriting in certain circumstances.
(1) A parent is barred from inheriting from or through a child of the parent if:
(a) the parent's parental rights were terminated and the parent-child relationship was not judicially reestablished; or
(b) the child died before reaching 18 years of age and there is clear and convincing evidence that immediately before the child's death the parental rights of the parent could have been terminated under law of this state other than this code on the basis of nonsupport, abandonment, abuse, neglect, or other actions or inactions of the parent toward the child.
(2) For the purpose of intestate succession from or through the deceased child, a parent who is barred from inheriting under this section is treated as if the parent predeceased the child.
History: En. Sec. 12, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-201. Renumbered 72-2-111

72-2-201. Renumbered 72-2-111.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-202. Renumbered 72-2-112

72-2-202. Renumbered 72-2-112.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-203. Renumbered 72-2-113

72-2-203. Renumbered 72-2-113.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-204. Renumbered 72-2-116

72-2-204. Renumbered 72-2-116.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-205. Renumbered 72-2-114

72-2-205. Renumbered 72-2-114.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-206. Renumbered 72-2-119

72-2-206. Renumbered 72-2-119.
Code Commissioner, 1993.