reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-611. Definitions -- significant connection factors

72-5-611. Definitions -- significant connection factors.
(1) In 72-5-611 through 72-5-619, the following definitions apply:
(a) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.
(b) "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian, or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months ending within the 6 months prior to the filing of the petition.
(c) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(2) In determining under 72-5-613 and 72-5-624(5) whether a respondent has a significant connection with a particular state, the court shall consider:
(a) the location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(b) the length of time the respondent at any time was physically present in the state and the duration of any absence;
(c) the location of the respondent's property; and
(d) the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
History: En. Sec. 7, 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 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-612. Exclusive basis

72-5-612. Exclusive basis.
Sections 72-5-611 through 72-5-619 provide the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
History: En. Sec. 8, 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 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-613. Jurisdiction

72-5-613. Jurisdiction.
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1) this state is the respondent's home state;
(2) on the date the petition is filed, this state is a significant-connection state and:
(a) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(b) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and before the court makes the appointment or issues the order:
(i) a petition for an appointment or order is not filed in the respondent's home state;
(ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii) the court in this state concludes that it is an appropriate forum under the factors set forth in 72-5-616;
(3) this state does not have jurisdiction under either subsection (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or
(4) the requirements for special jurisdiction under 72-5-614 are met.
History: En. Sec. 9, 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 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-614. Special jurisdiction

72-5-614. Special jurisdiction.
(1) A court of this state lacking jurisdiction under 72-5-613(1) through (3) has special jurisdiction to do any of the following:
(a) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state;
(b) issue a protective order with respect to real or tangible personal property located in this state;
(c) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to 72-5-624.
(2) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
History: En. Sec. 10, 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 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-615. Exclusive and continuing jurisdiction

72-5-615. Exclusive and continuing jurisdiction.
Except as otherwise provided in 72-5-614, a court that has appointed a guardian or issued a protective order consistent with this part has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
History: En. Sec. 11, 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 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-616. Appropriate forum

72-5-616. Appropriate forum.
(1) A court of this state having jurisdiction under 72-5-613 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(2) If a court of this state declines to exercise its jurisdiction under subsection (1), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(3) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(a) any expressed preference of the respondent;
(b) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(c) the length of time the respondent was physically present in or was a legal resident of this or another state;
(d) the distance of the respondent from the court in each state;
(e) the financial circumstances of the respondent's estate;
(f) the nature and location of the evidence;
(g) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(h) the familiarity of the court of each state with the facts and issues in the proceeding; and
(i) if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
History: En. Sec. 12, 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 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-617. Jurisdiction declined by reason of conduct

72-5-617. Jurisdiction declined by reason of conduct.
(1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(a) decline to exercise jurisdiction;
(b) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(c) continue to exercise jurisdiction after considering:
(i) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(ii) whether it is a more appropriate forum than the court of any other state under the factors set forth in 72-5-616(3); and
(iii) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of 72-5-613.
(2) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this part.
History: En. Sec. 13, 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 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-618. Notice of proceeding

72-5-618. Notice of proceeding.
If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.
History: En. Sec. 14, 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 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-619. Proceedings in more than one state

72-5-619. Proceedings in more than one state.
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under 72-5-614(1)(a) or (1)(b), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under 72-5-613, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to 72-5-613 before the appointment or issuance of the order.
(2) If the court in this state does not have jurisdiction under 72-5-613, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
History: En. Sec. 15, 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 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-620. through 72-5-623 reserved

72-5-620 through 72-5-623 reserved.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-624. Transfer of guardianship or conservatorship to another state

72-5-624. Transfer of guardianship or conservatorship to another state.
(1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
(2) Notice of a petition under subsection (1) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
(3) On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (1).
(4) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(a) the incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
(b) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and
(c) plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
(5) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(a) the protected person is physically present in or is reasonably expected to move permanently to the other state or the protected person has a significant connection to the other state considering the factors in 72-5-611(2);
(b) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(c) adequate arrangements will be made for management of the protected person's property.
(6) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(a) a provisional order accepting the proceeding from the court to which the proceeding is to be transferred that is issued under provisions similar to 72-5-625; and
(b) the documents required to terminate a guardianship or conservatorship in this state.
History: En. Sec. 16, 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 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-625. Accepting guardianship or conservatorship transferred from another state

72-5-625. Accepting guardianship or conservatorship transferred from another state.
(1) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to 72-5-624, the guardian or conservator shall petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer.
(2) Notice of a petition under subsection (1) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.
(3) On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (1).
(4) The court shall issue an order provisionally granting a petition filed under subsection (1) unless:
(a) an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or
(b) the guardian or conservator is ineligible for appointment in this state.
(5) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to 72-5-624 transferring the proceeding to this state.
(6) Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.
(7) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.
(8) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under Title 72, chapter 5, part 3 or 4, if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
History: En. Sec. 17, 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 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-626. through 72-5-628 reserved

72-5-626 through 72-5-628 reserved.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-629. Registration of guardianship orders

72-5-629. Registration of guardianship orders.
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
History: En. Sec. 18, 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 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-630. Registration of protective orders

72-5-630. Registration of protective orders.
If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
History: En. Sec. 19, 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 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-631. Effect of registration

72-5-631. Effect of registration.
(1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
(2) A court of this state may grant any relief available under this part and other law of this state to enforce a registered order.
History: En. Sec. 20, 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 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-632. through 72-5-635 reserved

72-5-632 through 72-5-635 reserved.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-636. Uniformity of application and construction

72-5-636. Uniformity of application and construction.
In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History: En. Sec. 21, 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 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-637. Relation to Electronic Signatures in Global and National Commerce Act

72-5-637. Relation to Electronic Signatures in Global and National Commerce Act.
This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
History: En. Sec. 22, 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 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-638. Transitional provision

72-5-638. Transitional provision.
(1) This part applies to guardianship and protective proceedings begun on or after October 1, 2009.
(2) Sections 72-5-601 through 72-5-606, 72-5-624, 72-5-625, 72-5-629 through 72-5-631, 72-5-636, and 72-5-637 apply to proceedings begun before October 1, 2009, regardless of whether a guardianship or protective order has been issued.
History: En. Sec. 23, Ch. 236, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 1. Provisions Relating to Effect of Death › 72-6-111. Nonprobate transfers on death

72-6-111. Nonprobate transfers on death.
(1) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, transfer on death deed, as defined in 72-6-402, marital property agreement, beneficiary designation, as provided in 61-3-226, or other written instrument of a similar nature is nontestamentary. This subsection includes a written provision that:
(a) money or other benefits due to, controlled by, or owned by a decedent before death must be paid after the decedent's death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument or later;
(b) money due or to become due under the instrument ceases to be payable in the event of death of the promisee or the promisor before payment or demand; or
(c) any property controlled by or owned by the decedent before death that is the subject of the instrument passes to a person the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument or later.
(2) This section does not limit rights of creditors under other laws of this state.
History: En. Sec. 83, Ch. 494, L. 1993; amd. Sec. 3, Ch. 258, L. 2007; amd. Sec. 81, Ch. 313, L. 2019; amd. Sec. 3, Ch. 130, L. 2021.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 1. Provisions Relating to Effect of Death › 72-6-121. Repealed

72-6-121. Repealed.
Sec. 105, Ch. 313, L. 2019.
History: En. Sec. 1, Ch. 258, L. 2007; amd. Sec. 1, Ch. 76, L. 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 1. Provisions Relating to Effect of Death › 72-6-122. Repealed

72-6-122. Repealed.
Sec. 162, Ch. 264, L. 2013.
History: En. Sec. 2, Ch. 258, L. 2007.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 1. Provisions Relating to Effect of Death › 72-6-123. Repealed

72-6-123. Repealed.
Sec. 105, Ch. 313, L. 2019.
History: En. Sec. 140, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 2. Multiple-Party Accounts › 72-6-202. Limitation on scope of part

72-6-202. Limitation on scope of part.
This part does not apply to:
(1) an account established for a partnership, joint venture, or other organization for a business purpose;
(2) an account controlled by one or more persons as an agent or trustee for a corporation, unincorporated association, or charitable or civic organization; or
(3) a fiduciary or trust account in which the relationship is established other than by the terms of the account.
History: En. Sec. 85, Ch. 494, L. 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 2. Multiple-Party Accounts › 72-6-203. Types of account -- existing accounts

72-6-203. Types of account -- existing accounts.
(1) An account may be for a single party or multiple parties. A multiple-party account may be with or without a right of survivorship between the parties. Subject to 72-6-212(3), either a single-party account or a multiple-party account may have a POD designation, an agency designation, or both.
(2) An account established before, on, or after October 1, 1993, whether in the form prescribed in 72-6-204 or in any other form, is either a single-party account or a multiple-party account, with or without right of survivorship and with or without a POD designation or an agency designation, within the meaning of this part, and is governed by this part.
History: En. Sec. 86, Ch. 494, L. 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 2. Multiple-Party Accounts › 72-6-204. Forms

72-6-204. Forms.
(1) A contract of deposit that contains provisions in substantially the following form establishes the type of account provided, and the account is governed by the provisions of this part applicable to an account of that type:
UNIFORM SINGLE- OR MULTIPLE-PARTY ACCOUNT FORM
PARTIES [Name One or More Parties]:
OWNERSHIP [Select One and Initial]:
..... SINGLE-PARTY ACCOUNT
..... MULTIPLE-PARTY ACCOUNT
Parties own account in proportion to net contributions unless there is clear and convincing evidence of a different intent. However, any one party may withdraw the entire amount on deposit in the account.
CHANGING TERMS OF ACCOUNT [Select One and Each Party Initial]:
..... MULTIPLE-PARTY ACCOUNT'S TERMS MAY BE CHANGED BY A SINGLE PARTY
..... MULTIPLE-PARTY ACCOUNT'S TERMS MAY BE CHANGED ONLY BY AGREEMENT OF ALL PARTIES
RIGHTS AT DEATH [Select One and Initial]:
..... SINGLE-PARTY ACCOUNT
At death of party, ownership passes as part of party's estate.
..... SINGLE-PARTY ACCOUNT WITH POD (PAY ON DEATH) DESIGNATION
[Name One or More Beneficiaries]:
At death of party, ownership passes to POD beneficiaries and is not part of party's estate.
..... MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP
At death of party, ownership passes to surviving parties.
..... MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND POD (PAY ON DEATH) DESIGNATION
[Name One or More Beneficiaries]:
At death of last surviving party, ownership passes to POD beneficiaries and is not part of last surviving party's estate.
..... MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP
At death of party, deceased party's ownership passes as part of deceased party's estate.
AGENCY (POWER OF ATTORNEY) DESIGNATION
Agents may make account transactions for parties but have no ownership or rights at death unless named as POD beneficiaries.
[To Add Agency Designation to Account, Name One or More Agents]:
[Select One And Initial]:
..... AGENCY DESIGNATION SURVIVES DISABILITY OR INCAPACITY OF PARTIES
..... AGENCY DESIGNATION TERMINATES ON DISABILITY OR INCAPACITY OF PARTIES
(2) A contract of deposit that does not contain provisions in substantially the form provided in subsection (1) is governed by the provisions of this part applicable to the type of account that most nearly conforms to the depositor's intent.
History: En. Sec. 87, Ch. 494, L. 1993; amd. Sec. 3, Ch. 279, L. 1997.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 2. Multiple-Party Accounts › 72-6-205. Designation of agent

72-6-205. Designation of agent.
(1) By a writing signed by all parties, the parties may designate as agent of all parties on an account a person other than a party.
(2) Unless the terms of an agency designation provide that the authority of the agent terminates on disability or incapacity of a party, the agent's authority survives disability and incapacity. The agent may act for a disabled or incapacitated party until the authority of the agent is terminated.
(3) Death of the sole party or last-surviving party terminates the authority of an agent.
History: En. Sec. 88, Ch. 494, L. 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 2. Multiple-Party Accounts › 72-6-206. Applicability of beneficial ownership provisions

72-6-206. Applicability of beneficial ownership provisions.
The provisions of 72-6-211 through 72-6-214 and 72-6-216 concerning beneficial ownership as between parties or as between parties and beneficiaries apply only to controversies between those persons and their creditors and other successors and do not apply to the right of those persons to payment as determined by the terms of the account. Sections 72-6-221 through 72-6-227 govern the liability and setoff rights of financial institutions that make payments pursuant to it.
History: En. Sec. 89, Ch. 494, L. 1993; amd. Sec. 150, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 2. Multiple-Party Accounts › 72-6-211. Ownership during lifetime

72-6-211. Ownership during lifetime.
(1) In this section, "net contribution" of a party means the sum of all deposits to an account made by or for the party, less all payments from the account made to or for the party that have not been paid to or applied to the use of another party and a proportionate share of any charges deducted from the account, plus a proportionate share of any interest or dividends earned, whether or not included in the current balance. The term includes deposit life insurance proceeds added to the account by reason of death of the party whose net contribution is in question.
(2) During the lifetime of all parties, an account belongs to the parties in proportion to the net contribution of each to the sums on deposit unless there is clear and convincing evidence of a different intent. As between parties married to each other, in the absence of proof otherwise, the net contribution of each is presumed to be an equal amount.
(3) A beneficiary in an account having a POD designation has no right to sums on deposit during the lifetime of any party.
(4) An agent in an account with an agency designation has no beneficial right to sums on deposit.
History: En. Sec. 90, Ch. 494, L. 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 2. Multiple-Party Accounts › 72-6-212. Rights at death

72-6-212. Rights at death.
(1) Except as otherwise provided in this part, on the death of a party, sums on deposit in a multiple-party account belong to the surviving party or parties. If two or more parties survive and one is the surviving spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled under 72-6-211 belongs to the surviving spouse. If two or more parties survive and none is the surviving spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled under 72-6-211 belongs to the surviving parties in equal shares and augments the proportion to which each survivor, immediately before the decedent's death, was beneficially entitled under 72-6-211 and the right of survivorship continues between the surviving parties.
(2) In an account with a POD designation:
(a) on the death of one of two or more parties, the rights in sums on deposit are governed by subsection (1);
(b) on the death of the sole party or the last survivor of two or more parties, sums on deposit belong to the surviving beneficiary or beneficiaries. If two or more beneficiaries survive, sums on deposit belong to them in equal and undivided shares and there is no right of survivorship in the event of the death of a beneficiary thereafter. If no beneficiary survives, sums on deposit belong to the estate of the last-surviving party.
(3) Sums on deposit in a single-party account without a POD designation, or in a multiple-party account that, by the terms of the account, is without right of survivorship, are not affected by the death of a party, but the amount to which the decedent, immediately before death, was beneficially entitled under 72-6-211 is transferred as part of the decedent's estate. A POD designation in a multiple-party account without right of survivorship is ineffective. For purposes of this section, designation of an account as a tenancy in common establishes that the account is without right of survivorship.
(4) The ownership right of a surviving party or beneficiary, or of the decedent's estate, in sums on deposit is subject to requests for payment made by a party before the party's death, whether paid by the financial institution before or after death or unpaid. The surviving party or beneficiary, or the decedent's estate, is liable to the payee of an unpaid request for payment. The liability is limited to a proportionate share of the amount transferred under this section, to the extent necessary to discharge the request for payment.
History: En. Sec. 91, Ch. 494, L. 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 2. Multiple-Party Accounts › 72-6-213. Alteration of rights

72-6-213. Alteration of rights.
(1) Rights at death under 72-6-212 are determined by the terms of the account at the death of a party.
(2) Except as provided in subsection (3) and unless otherwise agreed in writing between the parties to the account, the terms of an account may be altered by written notice given by a party to the financial institution to change the terms of account or to stop or vary payment under the terms of the account. The notice must be signed by a party and received by the financial institution during the party's lifetime.
(3) A financial institution may, in its discretion, refuse to honor a request for alteration of rights that would change:
(a) the financial institution's obligations or rights under the contract of deposit; or
(b) the parties to a multiple-party account if the request is not signed by all of the parties to the account.
(4) A right of survivorship arising from the express terms of the account, from 72-6-212, or from a POD designation may not be altered by will.
History: En. Sec. 92, Ch. 494, L. 1993; amd. Sec. 30, Ch. 592, L. 1995; amd. Sec. 4, Ch. 279, L. 1997.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 2. Multiple-Party Accounts › 72-6-214. Accounts and transfers nontestamentary

72-6-214. Accounts and transfers nontestamentary.
Except as provided in Title 72, chapter 2, part 2, or as a consequence of and to the extent directed by 72-6-228, a transfer resulting from the application of 72-6-212 is effective by reason of the terms of the account involved and this part and is not testamentary or subject to Title 72, chapters 1 through 5.
History: En. Sec. 93, Ch. 494, L. 1993; amd. Sec. 151, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 2. Multiple-Party Accounts › 72-6-215. Repealed

72-6-215. Repealed.
Sec. 162, Ch. 264, L. 2013.
History: En. Sec. 94, Ch. 494, L. 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 2. Multiple-Party Accounts › 72-6-216. Community property and tenancy by entireties

72-6-216. Community property and tenancy by entireties.
(1) A deposit of community property in an account does not alter the community character of the property or community rights in the property, but a right of survivorship between parties married to each other that arises from the express terms of the account or 72-6-212 may not be altered by will.
(2) This part does not affect the law governing tenancy by the entireties.
History: En. Sec. 95, Ch. 494, L. 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 2. Multiple-Party Accounts › 72-6-221. Authority of financial institution

72-6-221. Authority of financial institution.
A financial institution may enter into a contract of deposit for a multiple-party account to the same extent it may enter into a contract of deposit for a single-party account and may provide for a POD designation and an agency designation in either a single-party account or a multiple-party account. A financial institution need not inquire as to the source of a deposit to an account or as to the proposed application of a payment from an account.
History: En. Sec. 96, Ch. 494, L. 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 2. Multiple-Party Accounts › 72-6-222. Payment on multiple-party account

72-6-222. Payment on multiple-party account.
A financial institution, on request, may pay sums on deposit in a multiple-party account to:
(1) one or more of the parties, whether or not another party is disabled, incapacitated, or deceased when payment is requested and whether or not the party making the request survives another party; or
(2) the personal representative or a successor claiming under 72-3-1101 if proof of death is presented to the financial institution, showing that the deceased party was the survivor of all other persons named on the account as either a party or beneficiary, unless the account is without right of survivorship under 72-6-212.
History: En. Sec. 97, Ch. 494, L. 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 2. Multiple-Party Accounts › 72-6-223. Payment on POD designation

72-6-223. Payment on POD designation.
A financial institution, on request, may pay sums on deposit in an account with a POD designation to:
(1) one or more of the parties, whether or not another party is disabled, incapacitated, or deceased when the payment is requested and whether or not a party survives another party;
(2) the beneficiary or beneficiaries, if proof of death is presented to the financial institution, showing that the beneficiary or beneficiaries survived all persons named as parties; or
(3) the personal representative, if any, or, if there is none, the heirs or devisees of a deceased party, if proof of death is presented to the financial institution, showing that the deceased party was the survivor of all other persons named on the account as either a party or beneficiary.
History: En. Sec. 98, Ch. 494, L. 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 2. Multiple-Party Accounts › 72-6-224. Payment to designated agent

72-6-224. Payment to designated agent.
A financial institution, on request of an agent under an agency designation for an account, may pay to the agent sums on deposit in the account, whether or not a party is disabled, incapacitated, or deceased when the request is made or received and whether or not the authority of the agent terminates on the disability or incapacity of a party.
History: En. Sec. 99, Ch. 494, L. 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 2. Multiple-Party Accounts › 72-6-225. Payment to minor

72-6-225. Payment to minor.
If a financial institution is required or permitted to make payment pursuant to this part to a minor designated as a beneficiary, payment may be made pursuant to the Montana Uniform Transfers to Minors Act, Title 72, chapter 26.
History: En. Sec. 100, Ch. 494, L. 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 2. Multiple-Party Accounts › 72-6-226. Discharge

72-6-226. Discharge.
(1) Payment made pursuant to this part in accordance with the terms of an account, or honoring a request for alteration of rights made in accordance with 72-6-213, discharges the financial institution from all claims for amounts so paid or alterations so made, whether or not the payment or alteration is consistent with the beneficial ownership of the account as between parties, beneficiaries, or their successors. Payment or alteration may be made whether or not a party, beneficiary, or agent is disabled, incapacitated, or deceased when payment or alteration is requested, received, or made.
(2) Protection under this section does not extend to payments or alterations made after a financial institution has received written notice from a party, or from the personal representative, surviving spouse, or heir or devisee of a deceased party, to the effect that payments in accordance with the terms of the account or alteration of rights, including payments or alterations relating to an account having an agency designation, should not be permitted and after the financial institution has had a reasonable opportunity to act on the notice when the payment is made or the alteration is requested. Unless the notice is withdrawn by the person giving it, the successor of any deceased party shall concur in a request for payment or alteration if the financial institution is to be protected under this section. Unless a financial institution has been served with process in an action or proceeding, no other notice or other information shown to have been available to the financial institution affects its right to protection under this section.
(3) A financial institution that receives written notice pursuant to this section or otherwise has reason to believe that a dispute exists as to the rights of the parties may refuse, without liability, to make payments in accordance with the terms of the account or to honor a request for alterations.
(4) Protection of a financial institution under this section does not affect the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of sums on deposit in accounts or payments made from accounts or regarding whether a request for an alteration of rights to an account was improper between the parties.
History: En. Sec. 101, Ch. 494, L. 1993; amd. Sec. 31, Ch. 592, L. 1995; amd. Sec. 5, Ch. 279, L. 1997.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 6. Nonprobate Transfers on Death › Part 2. Multiple-Party Accounts › 72-6-227. Setoff

72-6-227. Setoff.
Without qualifying any other statutory right to setoff or lien and subject to any contractual provision, if a party is indebted to a financial institution, the financial institution has a right to setoff against the account. The amount of the account subject to setoff is either the proportion to which the party is, or immediately before death was, beneficially entitled under 72-6-211 or, in the absence of proof of that proportion, an equal share with all parties.
History: En. Sec. 102, Ch. 494, L. 1993.