reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-508. Application of priority provisions to appointment of successor

72-3-508. Application of priority provisions to appointment of successor.
Sections 72-3-501 through 72-3-507 govern priority for appointment of a successor personal representative but do not apply to the selection of a special administrator.
History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(8).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-511. Acceptance of appointment -- consent to jurisdiction

72-3-511. Acceptance of appointment -- consent to jurisdiction.
By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding must be delivered to the personal representative or mailed to the personal representative by ordinary first-class mail at the address as listed in the application or petition for appointment or as reported to the court and to the personal representative's address as then known to the petitioner.
History: En. 91A-3-602 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-602; amd. Sec. 2336, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-512. Qualification -- filing of bond and statement of acceptance

72-3-512. Qualification -- filing of bond and statement of acceptance.
Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office.
History: En. 91A-3-601 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-601.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-513. Bond -- when required

72-3-513. Bond -- when required.
(1) Bond is not required of a personal representative appointed in informal proceedings, except:
(a) upon the appointment of a special administrator;
(b) when an executor or other personal representative is appointed to administer an estate under a will containing an express requirement of bond; or
(c) when bond is required under 72-3-514.
(2) Bond may be required by court order at the time of appointment of a personal representative appointed in any formal proceeding, except that bond is not required of a personal representative appointed in formal proceedings if the will relieves the personal representative of bond unless bond has been requested by an interested party and the court is satisfied that it is desirable. Bond required by any will may be dispensed with in formal proceedings upon determination by the court that it is not necessary.
(3) Bond is not required of any personal representative who, pursuant to statute, has deposited cash or collateral with an agency of this state to secure performance of the personal representative's duties.
History: En. 91A-3-603 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-603; amd. Sec. 2337, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-514. Demand for bond by interested person

72-3-514. Demand for bond by interested person.
(1) Any person apparently having an interest in the estate worth in excess of $5,000 or any creditor having a claim in excess of $5,000 may make a written demand that a personal representative give bond. The demand must be filed with the clerk and a copy mailed to the personal representative, if appointment and qualification have occurred. Upon filing of the demand, bond is required, but the requirement ceases if the person demanding bond ceases to be interested in the estate or if bond is excused as provided in 72-3-513 or 72-3-515.
(2) After the personal representative has received notice and until the filing of the bond or cessation of the requirement of bond, the personal representative shall refrain from exercising any powers of the personal representative's office except as necessary to preserve the estate.
(3) Failure of the personal representative to meet a requirement of bond by giving suitable bond within 30 days after receipt of notice is cause for removal and appointment of a successor personal representative.
History: En. 91A-3-605 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-605; amd. Sec. 2338, Ch. 56, L. 2009; amd. Sec. 68, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-515. Bond amount -- security -- reduction

72-3-515. Bond amount -- security -- reduction.
(1) If bond is required and the provisions of the will or order do not specify the amount, unless stated in the application or petition, the person qualifying shall file a statement under oath with the clerk indicating the person's best estimate of the value of the personal estate of the decedent and of the income expected from the personal and real estate during the next year, and the person shall execute and file a bond with the clerk or give other suitable security in an amount not less than the estimate.
(2) The clerk shall determine that the bond is duly executed by a corporate surety or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property, or other adequate security.
(3) The clerk may permit the amount of the bond to be reduced by the value of assets of the estate deposited with a domestic financial institution in a manner that prevents their unauthorized disposition. On petition of the personal representative or another interested person, the court may excuse a requirement of bond, increase or reduce the amount of the bond, release sureties, or permit the substitution of another bond with the same or different sureties.
History: En. 91A-3-604 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-604; amd. Sec. 2339, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-516. Terms of bond -- liability of surety

72-3-516. Terms of bond -- liability of surety.
(1) The following requirements and provisions apply to any bond required by this part:
(a) Bonds must name the state as obligee for the benefit of the persons interested in the estate and must be conditioned upon the faithful discharge by the fiduciary of all duties according to law.
(b) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of sureties must be stated in the bond.
(c) By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the probate court that issued letters to the primary obligor in any proceedings pertaining to the fiduciary duties of the personal representative and naming the surety as a party. Notice of any proceeding must be delivered to the surety or mailed to the surety by certified mail at the surety's address as listed with the court where the bond is filed and to the surety's address as then known to the petitioner.
(d) On petition of a successor personal representative, any other personal representative of the same decedent, or any interested person, a proceeding in the court may be initiated against a surety for breach of the obligation of the bond of the personal representative.
(e) The bond of the personal representative is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.
(2) No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
History: En. 91A-3-606 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-606; amd. Sec. 2340, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-521. Termination of appointment -- general effect

72-3-521. Termination of appointment -- general effect.
Termination of appointment of a personal representative occurs as indicated in 72-3-522 through 72-3-526, inclusive. Termination ends the right and power pertaining to the office of personal representative as conferred by this code or any will, except that a personal representative, at any time prior to distribution or until restrained or enjoined by court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination or relieve the personal representative of the duty to preserve assets subject to the personal representative's control, to account for the assets, and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative but terminates the personal representative's authority to represent the estate in any pending or future proceeding.
History: En. 91A-3-608 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-608; amd. Sec. 2341, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-522. Termination of appointment -- death or disability

72-3-522. Termination of appointment -- death or disability.
(1) The death of a personal representative or the appointment of a conservator for the estate of a personal representative terminates the personal representative's appointment.
(2) Until appointment and qualification of a successor or special representative to replace the deceased or protected representative, the representative of the estate of the deceased or protected personal representative, if any, has the duty to protect the estate possessed and being administered by the representative's decedent or ward at the time the appointment terminates, has the power to perform acts necessary for protection, and shall account for and deliver the estate assets to a successor or special personal representative upon that person's appointment and qualification.
History: En. 91A-3-609 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-609; amd. Sec. 2342, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-523. Termination of appointment -- change of testacy status

72-3-523. Termination of appointment -- change of testacy status.
Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will that is superseded by formal probate of another will or the vacation of an informal probate of a will subsequent to the appointment of the personal representative under the will does not terminate the appointment of the personal representative although the personal representative's powers may be reduced as provided in 72-3-304. Termination occurs upon appointment in informal or formal appointment proceedings of a person entitled to appointment under the later assumption concerning testacy. If a request for new appointment is not made within 30 days after expiration of time for appeal from the order in formal testacy proceedings or from the informal probate changing the assumption concerning testacy, the previously appointed personal representative upon request may be appointed personal representative under the subsequently probated will or as in intestacy, as the case may be.
History: En. 91A-3-612 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-612; amd. Sec. 2343, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-524. Termination of appointment -- closing of estate

72-3-524. Termination of appointment -- closing of estate.
(1) An appointment of a personal representative terminates, as provided in 72-3-1004, 1 year after the filing of a closing statement.
(2) An order closing an estate as provided in 72-3-1001, 72-3-1002, or 72-3-1003 terminates an appointment of a personal representative.
History: En. 91A-3-610 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-610(1), (2).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-525. Termination of appointment -- voluntary

72-3-525. Termination of appointment -- voluntary.
A personal representative may resign the position by filing a written statement of resignation with the clerk after the personal representative has given at least 15 days' written notice to the persons known to be interested in the estate. If no one applies or petitions for appointment of a successor representative within the time indicated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to the successor representative.
History: En. 91A-3-610 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-610(3); amd. Sec. 2344, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-526. Termination of appointment -- removal for cause

72-3-526. Termination of appointment -- removal for cause.
(1) A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice must be given by the petitioner to the personal representative and to other persons as the court may order. Except as otherwise ordered as provided in 72-3-617, after receipt of notice of removal proceedings, the personal representative may not act except to account, to correct maladministration, or preserve the estate. If removal is ordered, the court also shall direct by order the disposition of the assets remaining in the name of or under the control of the personal representative being removed.
(2) Cause for removal exists:
(a) when removal would be in the best interests of the estate; or
(b) if it is shown that a personal representative or the person seeking the personal representative's appointment intentionally misrepresented material facts in the proceedings leading to the appointment or that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of the office, or has mismanaged the estate or failed to perform any duty pertaining to the office.
(3) Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing self-appointment or appointment of the personal representative's nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.
History: En. 91A-3-611 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-611; amd. Sec. 2345, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 5. Personal Representative Appointment Priorities, Bond, and Termination › 72-3-527. Successor personal representative

72-3-527. Successor personal representative.
(1) Parts 2 and 3 of this chapter govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated.
(2) After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and a notice, process, or claim that was given or served upon the former personal representative is not required to be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may have obtained or preserved with reference to the former personal representative.
(3) Except as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration that the former personal representative would have had if the former personal representative's appointment had not been terminated.
History: En. 91A-3-613 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-613; amd. Sec. 2346, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-601. Time of accrual of duties and powers -- power of executor prior to appointment -- ratification

72-3-601. Time of accrual of duties and powers -- power of executor prior to appointment -- ratification.
(1) The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed that are beneficial to the estate occurring prior to appointment the same effect as those occurring after appointment.
(2) Prior to appointment, a person named executor in a will may carry out written instructions of the decedent relating to the decedent's body, funeral, and burial arrangements.
(3) A personal representative may ratify and accept acts on behalf of the estate done by others when the acts would have been proper for a personal representative.
History: En. 91A-3-701 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-701; amd. Sec. 2347, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-602. Priority among different letters

72-3-602. Priority among different letters.
A person to whom general letters are issued first has exclusive authority under the letters until the person's appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the subsequent representative done in good faith before notice of the first letters are not void for want of validity of appointment.
History: En. 91A-3-702 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-702; amd. Sec. 2348, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-603. Notice of appointment to heirs and devisees

72-3-603. Notice of appointment to heirs and devisees.
(1) Not later than 30 days after appointment, every personal representative, except any special administrator, shall give information of the appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any will mentioned in the application for appointment of a personal representative. The information must be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the personal representative. The duty does not extend to require information to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate.
(2) (a) The information must:
(i) include the name and address of the personal representative;
(ii) indicate that it is being sent to persons who have or may have some interest in the estate being administered;
(iii) indicate whether bond has been filed; and
(iv) describe the court where papers relating to the estate are on file.
(b) The information must state that the estate is being administered by the personal representative under the Uniform Probate Code without supervision by the court but that recipients are entitled to information regarding the administration from the personal representative and may petition the court in any matter relating to the estate, including distribution of assets and expenses of administration.
(3) The personal representative's failure to give this information is a breach of the personal representative's duty to the persons concerned but does not affect the validity of the personal representative's appointment, powers, or other duties.
(4) A personal representative may inform other persons of the appointment by delivery or ordinary first-class mail.
History: En. 91A-3-705 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-705; amd. Sec. 11, Ch. 582, L. 1989; amd. Sec. 2349, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-604. Standing to sue

72-3-604. Standing to sue.
Except as to proceedings that do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as the decedent had immediately prior to death.
History: En. 91A-3-703 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-703(3); amd. Sec. 2350, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-605. Personal representative to proceed without court order -- power to invoke jurisdiction

72-3-605. Personal representative to proceed without court order -- power to invoke jurisdiction.
A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified under this code or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court, but the personal representative may invoke the jurisdiction of the court, in proceedings authorized by this code, to resolve questions concerning the estate or its administration.
History: En. 91A-3-704 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-704; amd. Sec. 2351, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-606. Possession and protection of estate

72-3-606. Possession and protection of estate.
(1) Except as otherwise provided by a decedent's will, a personal representative has a right to and shall take possession or control of the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled to the property unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession of the property, that the possession of the property by the personal representative is necessary for purposes of administration.
(2) The personal representative shall pay taxes on and take all steps reasonably necessary for the management, protection, and preservation of the estate in the personal representative's possession. The personal representative may maintain an action to recover possession of property or to determine the title to the property.
History: En. 91A-3-708 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-708; amd. Sec. 97, Ch. 2, L. 2009; amd. Sec. 2352, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-608. Repealed

72-3-608. Repealed.
Sec. 18, Ch. 52, L. 1981.
History: En. 91A-3-715.1 by Sec. 6, Ch. 516, L. 1975; R.C.M. 1947, 91A-3-715.1.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-609. Supplemental inventory

72-3-609. Supplemental inventory.
If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, the personal representative shall make a supplemental inventory or appraisal showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions and the appraisers or other data relied upon, if any. The personal representative shall file the supplemental inventory with the court if the original inventory was filed or shall furnish copies of the supplemental inventory or information to persons interested in the new information.
History: En. 91A-3-707 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-707; amd. Sec. 2, Ch. 68, L. 2003.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-610. General duties -- fiduciary

72-3-610. General duties -- fiduciary.
A personal representative is a fiduciary who shall observe the standards of care applicable to trustees under the laws of the state of Montana. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this code and as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred upon the personal representative by this code, the terms of the will, if any, and any order in proceedings to which the personal representative is party for the best interests of successors to the estate.
History: En. 91A-3-703 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-703(1); amd. Sec. 2353, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-611. No surcharge for authorized acts generally -- limitation

72-3-611. No surcharge for authorized acts generally -- limitation.
(1) A personal representative may not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration and of this code, an informally probated will is authority to administer and distribute the estate according to its terms. Subject to the provisions of this code, an order of appointment of a personal representative, whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning the personal representative's appointment or fitness to continue, or a supervised administration proceeding.
(2) This section does not affect the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants whose claims have been allowed, the surviving spouse, any minor and dependent children, and any pretermitted child of the decedent as described elsewhere in this code.
History: En. 91A-3-703 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-703(2); amd. Sec. 2354, Ch. 56, L. 2009; amd. Sec. 70, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-612. No individual liability -- exceptions -- certain claims to be brought against personal representative

72-3-612. No individual liability -- exceptions -- certain claims to be brought against personal representative.
(1) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in the personal representative's fiduciary capacity in the course of administration of the estate unless the personal representative fails to reveal the representative capacity and identify the estate in the contract.
(2) A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if the personal representative is personally at fault.
(3) Claims based on contracts entered into by a personal representative in a fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in the personal representative's fiduciary capacity, whether or not the personal representative is individually liable.
(4) Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge, or indemnification or other appropriate proceeding.
History: En. 91A-3-808 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-808; amd. Sec. 2355, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-614. Power to recover property that is subject of void or voidable transfer

72-3-614. Power to recover property that is subject of void or voidable transfer.
The property liable for the payment of unsecured debts of a decedent includes all property transferred by the decedent by any means that is in law void or voidable as against the decedent's creditors, and subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative.
History: En. 91A-3-709 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-709; amd. Sec. 2356, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-615. Transaction involving conflict of interest -- voidable -- exceptions

72-3-615. Transaction involving conflict of interest -- voidable -- exceptions.
Any sale or encumbrance to the personal representative, the personal representative's spouse, agent, or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest or any transaction that is affected by a substantial conflict of interest on the part of the personal representative is voidable by any person interested in the estate except one who has consented after fair disclosure unless:
(1) the will or a contract entered into by the decedent expressly authorized the transaction; or
(2) the transaction is approved by the court after notice to interested persons.
History: En. 91A-3-711 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-711; amd. Sec. 2357, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-616. Improper exercise of power -- breach of fiduciary duty

72-3-616. Improper exercise of power -- breach of fiduciary duty.
(1) If any exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of the personal representative's fiduciary duty to the same extent as a trustee of an express trust.
(2) The rights of purchasers and others dealing with a personal representative must be determined as provided in 72-3-615 and 72-3-618.
History: En. 91A-3-710 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-710; amd. Sec. 2358, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-617. Order restraining personal representative

72-3-617. Order restraining personal representative.
(1) On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, or distribution or exercise of any powers or discharge of any duties of the office or make any other order to secure proper performance of the personal representative's duty if it appears to the court that the personal representative otherwise may take some action that would jeopardize unreasonably the interest of the applicant or of some other interested person. Persons with whom the personal representative may transact business may be made parties.
(2) The matter must be set for hearing within 10 days unless the parties otherwise agree. Notice as the court directs must be given to the personal representative and the personal representative's attorney of record, if any, and to any other parties named defendant in the petition.
History: En. 91A-3-607 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-607; amd. Sec. 2359, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-618. Persons dealing with personal representative -- protection

72-3-618. Persons dealing with personal representative -- protection.
(1) A person who in good faith and without notice either assists a personal representative or deals with a personal representative for value is protected as if the personal representative properly exercised the personal representative's power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives that are endorsed on letters as provided in 72-3-404, a provision in any will or order of court purporting to limit the power of a personal representative is not effective except as to persons with actual knowledge of the provision.
(2) A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative.
(3) The protection expressed in this section extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection expressed in this section is not a substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
History: En. 91A-3-712 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-712; amd. Sec. 18, Ch. 9, Sp. L. May 2000; amd. Sec. 73, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-619. Powers of personal representatives in general

72-3-619. Powers of personal representatives in general.
(1) Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court.
(2) A personal representative has access to and authority over a digital asset of the decedent to the extent provided by the Revised Uniform Fiduciary Access to Digital Assets Act or by order of court.
History: En. Sec. 72, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-621. Powers and duties of successor personal representative

72-3-621. Powers and duties of successor personal representative.
A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate as expeditiously as possible, but the successor personal representative may not exercise any power expressly made personal to the executor named in the will.
History: En. 91A-3-716 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-716; amd. Sec. 2360, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-622. Corepresentatives -- when joint action required

72-3-622. Corepresentatives -- when joint action required.
If two or more persons are appointed corepresentatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate. This restriction does not apply:
(1) when any corepresentative receives and receipts for property due the estate;
(2) when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate; or
(3) when a corepresentative has been delegated to act for the others.
History: En. 91A-3-717 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-717(part).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-623. Persons dealing with single corepresentative -- protection

72-3-623. Persons dealing with single corepresentative -- protection.
Persons dealing with a corepresentative, if actually unaware that another has been appointed to serve with the corepresentative or if advised by the personal representative with whom they deal that the personal representative has authority to act alone for any of the reasons mentioned in this part, are as fully protected as if the person with whom they dealt had been the sole personal representative.
History: En. 91A-3-717 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-717(part); amd. Sec. 2361, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-624. Powers of remaining corepresentative

72-3-624. Powers of remaining corepresentative.
Unless the terms of the will otherwise provide, every power exercisable by personal corepresentatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as coexecutors is not appointed, those appointed may exercise all the powers incident to the office.
History: En. 91A-3-718 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-718.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-631. Compensation of personal representative

72-3-631. Compensation of personal representative.
(1) A personal representative is entitled to reasonable compensation for services.
(2) If the will provides for the compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to compensation under the terms of this section. A personal representative also may renounce the right to all or any part of the compensation. A written renunciation of fee may be filed with the court.
History: En. 91A-3-719 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-719; amd. Sec. 1, Ch. 424, L. 1979; amd. Sec. 19, Ch. 9, Sp. L. May 2000; amd. Sec. 74, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-632. Expenses of personal representative in estate litigation

72-3-632. Expenses of personal representative in estate litigation.
If a personal representative or person nominated as personal representative defends or prosecutes a proceeding in good faith, whether successful or not, the personal representative is entitled to receive from the estate the personal representative's necessary expenses and disbursements, including reasonable attorney fees incurred.
History: En. 91A-3-721 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-721; amd. Sec. 2362, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-633. Repealed

72-3-633. Repealed.
Sec. 105, Ch. 313, L. 2019.
History: En. 91A-3-720 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-720.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 6. Personal Representative Powers, Duties, and Compensation › 72-3-634. Proceedings for review of employment of agents and compensation of personal representatives and employees

72-3-634. Proceedings for review of employment of agents and compensation of personal representatives and employees.
(1) Upon the filing of a motion for settlement of fees by the court filed by an interested person, the personal representative, or the person employed by the personal representative and after notice to all interested persons, the propriety of employment of any person by a personal representative, including any attorney, auditor, investment adviser, or other specialized agent or assistant, the reasonableness of the compensation of any person employed, or the reasonableness of the compensation determined by the personal representative for the personal representative's own services must be reviewed and determined by the court.
(2) In a dispute concerning fees, the court shall set the fee.
(3) A person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.
History: En. 91A-3-722 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-722; amd. Sec. 2363, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 7. Special Administrator › 72-3-701. Special administrator -- how and when appointed

72-3-701. Special administrator -- how and when appointed.
A special administrator may be appointed:
(1) informally by the clerk on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as provided in 72-3-522;
(2) in a formal proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration, including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists, appointment may be ordered without notice.
History: En. 91A-3-614 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-614.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 7. Special Administrator › 72-3-702. Special administrator -- who may be appointed

72-3-702. Special administrator -- who may be appointed.
(1) If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named executor in the will shall be appointed if available and qualified.
(2) In other cases, any proper person may be appointed special administrator.
History: En. 91A-3-615 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-615.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 7. Special Administrator › 72-3-703. Special administrator appointed informally -- powers and duties

72-3-703. Special administrator appointed informally -- powers and duties.
A special administrator appointed by the clerk in informal proceedings pursuant to 72-3-701(1) has the duty to collect and manage the assets of the estate, to preserve them, to account for them, and to deliver them to the general personal representative upon the personal representative's qualification. The special administrator has the power of a personal representative under the code necessary to perform the special administrator's duties.
History: En. 91A-3-616 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-616; amd. Sec. 2364, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 7. Special Administrator › 72-3-704. Special administrator -- formal proceedings -- power and duties

72-3-704. Special administrator -- formal proceedings -- power and duties.
A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative, except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts, or on other terms as the court may direct.
History: En. 91A-3-617 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-617.