reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 8. General Provisions Concerning Probate and Nonprobate Transfers › 72-2-829. When disclaimer barred or limited

72-2-829. When disclaimer barred or limited.
(1) A disclaimer is barred by a written waiver of the right to disclaim.
(2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
(a) the disclaimant accepts the interest sought to be disclaimed;
(b) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or
(c) a judicial sale of the interest sought to be disclaimed occurs.
(3) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
(4) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.
(5) A disclaimer is barred or limited if so provided by law other than 72-2-817 through 72-2-833.
(6) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under 72-2-817 through 72-2-833 had the disclaimer not been barred.
History: En. Sec. 51, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 8. General Provisions Concerning Probate and Nonprobate Transfers › 72-2-830. Tax qualified disclaimer

72-2-830. Tax qualified disclaimer.
Notwithstanding any other provision of 72-2-817 through 72-2-833, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under 72-2-817 through 72-2-833.
History: En. Sec. 52, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 8. General Provisions Concerning Probate and Nonprobate Transfers › 72-2-831. Recording of disclaimer

72-2-831. Recording of disclaimer.
If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be so filed, recorded, or registered. Except as otherwise provided in 72-2-828(7)(b), failure to file, record, or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.
History: En. Sec. 53, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 8. General Provisions Concerning Probate and Nonprobate Transfers › 72-2-832. Application to existing relationships

72-2-832. Application to existing relationships.
Except as otherwise provided in 72-2-829, an interest in or power over property existing on October 1, 2019, as to which the time for delivering or filing a disclaimer under law superseded by 72-2-817 through 72-2-833 has not expired may be disclaimed after October 1, 2019.
History: En. Sec. 54, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 8. General Provisions Concerning Probate and Nonprobate Transfers › 72-2-833. Relation to electronic signatures in global and national commerce act

72-2-833. Relation to electronic signatures in global and national commerce act.
Sections 72-2-817 through 72-2-833 modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001, et seq.) but do 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. 55, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 9. Uniform International Will Act › 72-2-901. Definitions

72-2-901. Definitions.
In this part, the following definitions apply:
(1) "Authorized person" and "person authorized to act in connection with international wills" means a person who by 72-2-908 or by the laws of the United States, including members of the diplomatic and consular service of the United States designated by the foreign service regulations, is empowered to supervise the execution of international wills.
(2) "International will" means a will executed in conformity with 72-2-902 through 72-2-905.
History: En. Sec. 1, Ch. 62, L. 1991.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 9. Uniform International Will Act › 72-2-902. Validity

72-2-902. Validity.
(1) The form of a will is valid, regardless of the place where it is made, of the location of the assets, and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of this part.
(2) The invalidity of the will as an international will does not affect its formal validity as a will of another kind.
(3) This part does not apply to the form of testamentary dispositions made by two or more persons in one instrument.
History: En. Sec. 2, Ch. 62, L. 1991.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 9. Uniform International Will Act › 72-2-903. Requirements

72-2-903. Requirements.
(1) An international will must be made in writing. It need not be personally written by the testator. It may be written in any language, by hand, or by any other means.
(2) The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is the testator's will and that the testator knows the contents of the will. The testator need not inform the witnesses or the authorized person of the contents of the will.
(3) In the presence of the witnesses and of the authorized person, the testator shall sign the will or, if the testator has previously signed it, shall acknowledge the testator's signature.
(4) If the testator is unable to sign, the absence of the testator's signature does not affect the validity of the international will if the testator indicates the reason for the testator's inability to sign and the authorized person makes note of the inability on the will. In that case, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator's name for the testator if the authorized person makes note of this on the will, but it is not required that any person sign the testator's name for the testator.
(5) The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.
History: En. Sec. 3, Ch. 62, L. 1991; amd. Sec. 2310, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 9. Uniform International Will Act › 72-2-904. Other points of form

72-2-904. Other points of form.
(1) The signatures must be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if the testator is unable to sign, by the person signing on the testator's behalf or, if there is no such person, by the authorized person. In addition, each sheet must be numbered.
(2) The date of the will must be the date of its signature by the authorized person.
(3) The authorized person shall ask the testator whether the testator wished to make a declaration concerning the safekeeping of the testator's will. If so and at the express request of the testator, the place where the testator intends to have the will kept must be mentioned in the certificate provided for in 72-2-905.
(4) A will executed in compliance with 72-2-903 is not invalid merely because it does not comply with this section.
History: En. Sec. 4, Ch. 62, L. 1991; amd. Sec. 2311, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 9. Uniform International Will Act › 72-2-905. Certificate

72-2-905. Certificate.
The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of this part for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate must be substantially in the following form:
CERTIFICATE
(Convention of October 26, 1973)
I, ______________ (name, address, and capacity), a person authorized to act in connection with international wills, certify that on _________ (date) at ____________ (place) (testator) _________________ (name, address, date, and place of birth) in my presence and that of the witnesses
(a) ______________ (name, address, date, and place of birth)
(b) ______________ (name, address, date, and place of birth) has declared that the attached document is the testator's will and that the testator knows the contents of the will.
I furthermore certify that:
(a) in my presence and in that of the witnesses
(1) the testator has signed the will or has acknowledged the testator's signature previously affixed;
(2) following a declaration of the testator stating that the testator was unable to sign the will for the following reason _________________, I have mentioned this declaration on the will, and the signature has been affixed by _______________ (name and address);
(b) the witnesses and I have signed the will;
*(c) each page of the will has been signed by _____________ and numbered;
(d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above;
(e) the witnesses met the conditions requisite to act as such according to the law under which I am acting;
*(f) the testator has requested me to include the following statement concerning the safekeeping of the will:
PLACE OF EXECUTION
DATE
SIGNATURE and, if necessary, SEAL
* to be completed if appropriate
History: En. Sec. 5, Ch. 62, L. 1991; amd. Sec. 2312, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 9. Uniform International Will Act › 72-2-906. Effect of certificate

72-2-906. Effect of certificate.
In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this part. The absence or irregularity of a certificate does not affect the formal validity of a will under this part.
History: En. Sec. 6, Ch. 62, L. 1991.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 9. Uniform International Will Act › 72-2-907. Revocation

72-2-907. Revocation.
An international will is subject to the ordinary rules of revocation of wills.
History: En. Sec. 7, Ch. 62, L. 1991.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 9. Uniform International Will Act › 72-2-908. Persons authorized to act in relation to international will -- eligibility -- recognition by authorizing agency

72-2-908. Persons authorized to act in relation to international will -- eligibility -- recognition by authorizing agency.
Individuals who have been admitted to practice law before the courts of this state and are currently licensed are authorized persons in relation to international wills.
History: En. Sec. 9, Ch. 62, L. 1991.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 9. Uniform International Will Act › 72-2-909. International will information registration

72-2-909. International will information registration.
The secretary of state shall establish a registry system by which authorized persons may register in a central information center information regarding the execution of international wills, keeping that information in strictest confidence until the death of the maker and then making it available to any person desiring information about any will who presents a death certificate or other satisfactory evidence of the testator's death to the center. Information that may be received, preserved in confidence until death, and reported as indicated is limited to the name, social security or individual-identifying number established by law, address, and date and place of birth of the testator and the intended place of deposit or safekeeping of the instrument pending the death of the maker. The secretary of state, at the request of the authorized person, may cause the information that the secretary of state receives about the execution of any international will to be transmitted to the registry system of another jurisdiction as identified by the testator if that other registry system adheres to rules protecting the confidentiality of the information similar to those established in this state.
History: En. Sec. 10, Ch. 62, L. 1991; amd. Sec. 2313, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 9. Uniform International Will Act › 72-2-910. Source and construction

72-2-910. Source and construction.
Sections 72-2-901 through 72-2-907 derive from the Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this part, regard must be given to its international origin and to the need for uniformity in its interpretation.
History: En. Sec. 8, Ch. 62, L. 1991.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 10. Uniform Statutory Rule Against Perpetuities -- Honorary Trusts › 72-2-1001. Short title

72-2-1001. Short title.
This part may be cited as the "Uniform Statutory Rule Against Perpetuities".
History: En. Sec. 1, Ch. 250, L. 1989; Sec. 70-1-801, MCA 1991; redes. 72-2-1001 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 10. Uniform Statutory Rule Against Perpetuities -- Honorary Trusts › 72-2-1002. Statutory rule against perpetuities

72-2-1002. Statutory rule against perpetuities.
(1) A nonvested property interest is invalid unless:
(a) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or
(b) the interest either vests or terminates within 90 years after its creation.
(2) A general power of appointment not presently exercisable because of a condition precedent is invalid unless:
(a) when the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than 21 years after the death of an individual then alive; or
(b) the condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation.
(3) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:
(a) when the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or
(b) the power is irrevocably exercised or otherwise terminates within 90 years after its creation.
(4) In determining whether a nonvested property interest or a power of appointment is valid under subsection (1)(a), (2)(a), or (3)(a), the possibility that a child will be born to an individual after the individual's death is disregarded.
(5) If, in measuring a period from the creation of a trust or other property arrangement, a clause in a governing instrument purports to postpone the vesting or termination of any interest or trust until, purports to disallow the vesting or termination of any interest or trust beyond, purports to require all interests or trusts to vest or terminate no later than, or operates in any similar fashion upon the later of:
(a) the expiration of a period of time that exceeds 21 years or that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement; or
(b) the death of, or the expiration of a period not exceeding 21 years after the death of, the survivor of specified lives in being at the creation of the trust or other property arrangement, then the portion of the clause pertaining to the period of time that exceeds 21 years or that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement must be disregarded, and the clause operates upon the death of, or upon the expiration of the period not exceeding 21 years after the death of, the survivor of the specified lives in being at the creation of the trust or other property arrangement.
History: En. Sec. 2, Ch. 250, L. 1989; amd. Sec. 1, Ch. 26, L. 1991; Sec. 70-1-802, MCA 1991; redes. 72-2-1002 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 10. Uniform Statutory Rule Against Perpetuities -- Honorary Trusts › 72-2-1003. When nonvested property interest or power of appointment created

72-2-1003. When nonvested property interest or power of appointment created.
(1) Except as provided in 72-2-1005 and subsections (2) and (3) of this section, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.
(2) For purposes of this part, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of a nonvested property interest or a property interest subject to a power of appointment described in 72-2-1002(2) or (3), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.
(3) For purposes of this part, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
History: En. Sec. 3, Ch. 250, L. 1989; Sec. 70-1-803, MCA 1991; redes. 72-2-1003 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 10. Uniform Statutory Rule Against Perpetuities -- Honorary Trusts › 72-2-1004. Reformation

72-2-1004. Reformation.
Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and that is within the 90 years allowed by 72-2-1002(1)(b), (2)(b), or (3)(b) if:
(1) a nonvested property interest or a power of appointment becomes invalid under 72-2-1002;
(2) a class gift is not but might become invalid under 72-2-1002 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
(3) a nonvested property interest that is not validated by 72-2-1002(1)(a) can vest but not within 90 years after its creation.
History: En. Sec. 4, Ch. 250, L. 1989; Sec. 70-1-804, MCA 1991; redes. 72-2-1004 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 10. Uniform Statutory Rule Against Perpetuities -- Honorary Trusts › 72-2-1005. Exclusions from statutory rule against perpetuities

72-2-1005. Exclusions from statutory rule against perpetuities.
Section 72-2-1002 does not apply to:
(1) a nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of a:
(a) premarital or postmarital agreement;
(b) separation or divorce settlement;
(c) spouse's election;
(d) similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties;
(e) contract to make or not to revoke a will or trust;
(f) contract to exercise or not to exercise a power of appointment;
(g) transfer in satisfaction of a duty of support; or
(h) reciprocal transfer;
(2) a fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;
(3) the power to appoint a fiduciary;
(4) a discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;
(5) a nonvested property interest held by a charity, government, or governmental agency or subdivision if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;
(6) a nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees or independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; or
(7) a property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state.
History: En. Sec. 5, Ch. 250, L. 1989; Sec. 70-1-805, MCA 1991; redes. 72-2-1005 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 10. Uniform Statutory Rule Against Perpetuities -- Honorary Trusts › 72-2-1006. Prospective application

72-2-1006. Prospective application.
(1) Except as extended by subsection (2), this part applies to a nonvested property interest or a power of appointment created on or after October 1, 1989. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
(2) If a nonvested property interest or a power of appointment was created before October 1, 1989, and is determined in a judicial proceeding commenced on or after October 1, 1989, to violate this state's rule against perpetuities as that rule existed before October 1, 1989, a court, upon the petition of an interested person, may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and that is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.
History: En. Sec. 6, Ch. 250, L. 1989; Sec. 70-1-806, MCA 1991; redes. 72-2-1006 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 10. Uniform Statutory Rule Against Perpetuities -- Honorary Trusts › 72-2-1007. Uniformity of application and construction

72-2-1007. Uniformity of application and construction.
This part must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among the states enacting it.
History: En. Sec. 7, Ch. 250, L. 1989; Sec. 70-1-807, MCA 1991; redes. 72-2-1007 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 10. Uniform Statutory Rule Against Perpetuities -- Honorary Trusts › 72-2-1008. through 72-2-1016 reserved

72-2-1008 through 72-2-1016 reserved.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 1. General Provisions › 72-3-101. Devolution of estate at death -- restrictions

72-3-101. Devolution of estate at death -- restrictions.
(1) The power of a person to leave property by will and the rights of creditors, devisees, and heirs to the person's property are subject to the restrictions and limitations contained in this code to facilitate the prompt settlement of estates.
(2) Upon the death of a person, the decedent's real and personal property devolves to the persons to whom it is devised by the decedent's last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estates or, in the absence of testamentary disposition, to the decedent's heirs or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to homestead allowance, exempt property, and family allowance, to rights of creditors, elective share of the surviving spouse, and to administration.
History: En. 91A-3-101 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-101; amd. Sec. 2314, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 1. General Provisions › 72-3-102. Necessity of order of probate of will

72-3-102. Necessity of order of probate of will.
Except as provided in 72-3-1101, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by an order of informal probate by the clerk or an adjudication of probate by the court.
History: En. 91A-3-102 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-102; amd. Sec. 24, Ch. 592, L. 1995; amd. Sec. 56, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 1. General Provisions › 72-3-103. Necessity of appointment for administration

72-3-103. Necessity of appointment for administration.
Except as otherwise provided in chapter 4, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or clerk, qualify, and be issued letters. Administration of an estate is commenced by the issuance of letters.
History: En. 91A-3-103 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-103.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 1. General Provisions › 72-3-104. Claims against decedent -- necessity of administration

72-3-104. Claims against decedent -- necessity of administration.
(1) A proceeding to enforce a claim against the estate of a decedent or the decedent's successors may not be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by Title 72, chapter 3, parts 1 through 10, and 72-3-1101 through 72-3-1103. After distribution, a creditor whose claim has not been barred may recover from the distributees as provided in 72-3-1012 or from a former personal representative individually liable as provided in 72-3-1014.
(2) This section has no application to a proceeding by a secured creditor of the decedent to enforce the secured creditor's right to security except as to any deficiency judgment that might be sought in the proceeding.
History: En. 91A-3-104 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-104; amd. Sec. 93, Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 1. General Provisions › 72-3-105. Interested persons' rights of application and petition

72-3-105. Interested persons' rights of application and petition.
Persons interested in decedent's estate may apply to the clerk for determination in the informal proceedings provided in chapter 3, part 2, and may petition the court for orders in formal proceedings within the court's jurisdiction, including but not limited to those described in chapter 3, parts 3 and 4.
History: En. 91A-3-105 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-105(part).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 1. General Provisions › 72-3-106. Interested person's right to demand notice of order or filing

72-3-106. Interested person's right to demand notice of order or filing.
(1) A person desiring notice of an order or filing pertaining to a decedent's estate in which the person has a financial or property interest may file a demand for notice with the court at any time after the death of the decedent stating:
(a) the name of the decedent;
(b) the nature of the demandant's interest in the estate; and
(c) the demandant's address or that of the demandant's attorney.
(2) The clerk shall mail a copy of the demand to the personal representative if one has been appointed.
(3) After filing of a demand, an order or filing to which the demand relates may not be made or accepted without notice as prescribed in 72-1-301 to the demandant or the demandant's attorney. The validity of an order that is issued or filing that is accepted without compliance with this requirement may not be affected by the error, but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice.
(4) The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and must cease upon the termination of the demandant's interest in the estate.
History: En. 91A-3-204 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-204; amd. Sec. 2315, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 1. General Provisions › 72-3-109. Acknowledgment of fiduciary relationship and obligations -- personal representative, guardian, or conservator

72-3-109. Acknowledgment of fiduciary relationship and obligations -- personal representative, guardian, or conservator.
(1) Every applicant for appointment as the personal representative of a decedent's estate, as a guardian, or as a conservator shall sign and verify before a notary public or under penalty of perjury the following statement:
"By signing, accepting, or acting under this appointment, I acknowledge that I will assume the duties and responsibilities of a fiduciary and that I must work exclusively for the benefit of the decedent's estate and its beneficiaries, the ward under any guardianship, or the protected person under any conservatorship. I also acknowledge that the primary duty of a personal representative, guardian, or conservator is the duty of loyalty to and protection of the best interests of the estate, ward, or protected person. Therefore, I acknowledge that:
I may not use any of the property or other assets of the decedent's estate, ward, or protected person for my own personal benefit;
I must direct any benefit derived from this appointment to the decedent's estate, ward, or protected person; and
I must avoid conflicts of interest and must use ordinary skill and prudence in carrying out the duties of this appointment."
(2) The statement in subsection (1) must be sworn before a notary public or executed under penalty of perjury in the following format:
"I declare under penalty of perjury under the laws of the state of Montana that the foregoing is true and correct.
Signed this ... day of ............., 20....
............................
Signature of applicant"
(3) This section applies to all applications for appointment as a personal representative or as a special administrator under Title 72, chapter 3, parts 2, 3, 4, and 7.
History: En. Sec. 8, Ch. 238, L. 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 1. General Provisions › 72-3-111. Exclusive jurisdiction of court -- binding nature of orders after notice

72-3-111. Exclusive jurisdiction of court -- binding nature of orders after notice.
(1) The district court has exclusive jurisdiction of all probate matters.
(2) In proceedings within the exclusive jurisdiction of the court where notice is required by this code or by rule, interested persons may be bound by the orders of the court in respect to property in or subject to the laws of this state by notice in conformity with 72-1-301. An order is binding as to all who are given notice of the proceeding though less than all interested persons are notified.
History: En. 91A-3-105, 91A-3-106 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-105(part), 91A-3-106.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 1. General Provisions › 72-3-112. Venue for estate proceedings

72-3-112. Venue for estate proceedings.
(1) Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is:
(a) in the county where the decedent had the decedent's domicile at the time of death; or
(b) if the decedent was not domiciled in this state, in any county where property of the decedent was located at the time of death.
(2) Venue for all subsequent proceedings within the exclusive jurisdiction of the court is in the place where the initial proceeding occurred unless the initial proceeding has been transferred as provided in 72-1-203 or subsection (3) of this section.
(3) If the first proceeding was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court.
(4) For the purpose of aiding determinations concerning location of assets which may be relevant in cases involving non-domiciliaries, a debt, other than one evidenced by investment or commercial paper or other instrument in favor of a non-domiciliary is located where the debtor resides or, if the debtor is a person other than an individual, at the place where it has its principal office. Commercial paper, investment paper, and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued.
History: En. 91A-3-201 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-201(1) thru (3); amd. Sec. 2316, Ch. 56, L. 2009; amd. Sec. 57, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 1. General Provisions › 72-3-113. Repealed

72-3-113. Repealed.
Sec. 105, Ch. 313, L. 2019.
History: En. 91A-3-201 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-201(4).
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 1. General Provisions › 72-3-114. Conflicting claim as to domicile in another state

72-3-114. Conflicting claim as to domicile in another state.
If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this state and in a testacy or appointment proceeding after notice pending at the same time in another state, the court of this state must stay, dismiss, or permit suitable amendment in the proceeding here unless it is determined that the local proceeding was commenced before the proceeding elsewhere. The determination of domicile in the proceeding first commenced must be accepted as determinative in the proceeding in this state.
History: En. 91A-3-202 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-202.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 1. General Provisions › 72-3-121. Scope of proceedings when no supervised administration -- proceedings independent -- combination of proceedings

72-3-121. Scope of proceedings when no supervised administration -- proceedings independent -- combination of proceedings.
Unless supervised administration as described in chapter 3, part 4, is involved:
(1) each proceeding before the court or clerk is independent of any other proceeding involving the same estate;
(2) petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this code, no petition is defective because it fails to embrace all matters which might then be the subject of a final order.
(3) proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives; and
(4) a proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.
History: En. 91A-3-107 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-107.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 1. General Provisions › 72-3-123. Statutes of limitation on decedent's cause of action -- applicability

72-3-123. Statutes of limitation on decedent's cause of action -- applicability.
A statute of limitation running on a cause of action belonging to a decedent, which had not been barred as of the date of the decedent's death, may not apply to bar a cause of action surviving the decedent's death sooner than 4 months after death. A cause of action that, but for this section, would have been barred less than 4 months after death is barred after 4 months unless tolled.
History: En. 91A-3-109 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-109; amd. Sec. 2317, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 1. General Provisions › 72-3-131. Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons

72-3-131. Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons.
(1) A compromise of any controversy as to admission to probate of any instrument offered for formal probate as the will of a decedent, the construction, validity, or effect of any governing instrument, the rights or interests in the estate of the decedent, of any successor, or the administration of the estate, if approved in a formal proceeding in the court for that purpose, is binding on all the parties to the proceeding, including those unborn, unascertained, or who could not be located.
(2) An approved compromise is binding even though it may affect a trust or an inalienable interest. A compromise does not impair the rights of creditors or of taxing authorities who are not parties to it.
History: En. 91A-3-1101 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1101; amd. Sec. 27, Ch. 592, L. 1995; amd. Sec. 59, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 1. General Provisions › 72-3-132. Procedure for securing court approval of compromise

72-3-132. Procedure for securing court approval of compromise.
The procedure for securing court approval of a compromise is as follows:
(1) The terms of the compromise must be set forth in an agreement in writing which must be executed by all competent persons and parents acting for any minor child having beneficial interests or having claims which will or may be affected by the compromise. Execution is not required by any person whose identity cannot be ascertained or whose whereabouts is unknown and cannot reasonably be ascertained.
(2) Any interested person, including the personal representative, if any, or a trustee, then may submit the agreement to the court for its approval and for execution by the personal representative, the trustee of every affected testamentary trust, and other fiduciaries and representatives.
(3) After notice to all interested persons or their representatives, including the personal representative of any estate and all affected trustees of trusts, the court, if it finds that the contest or controversy is in good faith and that the effect of the agreement upon the interests of persons represented by fiduciaries or other representatives is just and reasonable, shall make an order approving the agreement and directing all fiduciaries under its supervision to execute the agreement. Minor children represented only by their parents may be bound only if their parents join with other competent persons in execution of the compromise.
(4) Upon the making of the order and the execution of the agreement, all further disposition of the estate is in accordance with the terms of the agreement.
History: En. 91A-3-1102 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1102; amd. Sec. 28, Ch. 592, L. 1995.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 2. Informal Probate and Appointment Proceedings › 72-3-201. Applications to be verified

72-3-201. Applications to be verified.
Applications for informal probate or informal appointment must be directed to the clerk and verified by the applicant to be accurate and complete to the best of the applicant's knowledge and belief as to the information required by 72-3-202 through 72-3-205. By verifying an application for informal probate or informal appointment, the applicant submits personally to the jurisdiction of the court in any proceeding for relief from fraud relating to the application, or for perjury, that may be instituted against the applicant.
History: En. 91A-3-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-301(part); amd. Sec. 2318, Ch. 56, L. 2009; amd. Sec. 60, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 2. Informal Probate and Appointment Proceedings › 72-3-202. Required contents of application

72-3-202. Required contents of application.
Every application for informal probate of a will or for informal appointment of a personal representative, other than a special, ancillary, or successor representative, must contain the following:
(1) a statement of the interest of the applicant;
(2) the name and date of death of the decedent, the decedent's age, and the county and state of the decedent's domicile at the time of death and the names and addresses of the spouse, children, heirs, and devisees and the ages of any who are minors so far as known or ascertainable with reasonable diligence by the applicant;
(3) if the decedent was not domiciled in the state at the time of death, a statement showing venue;
(4) a statement identifying and indicating the address of any personal representative of the decedent appointed in this state or elsewhere whose appointment has not been terminated;
(5) a statement indicating whether the applicant has received a demand for notice or is aware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere; and
(6) that the time limit for informal probate or appointment as provided in this chapter has not expired either because 3 years or less have passed since the decedent's death, or, if more than 3 years from death have passed, circumstances as described by 72-3-122 have occurred authorizing tardy probate or appointment.
History: En. 91A-3-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-301(1); amd. Sec. 2319, Ch. 56, L. 2009; amd. Sec. 61, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 3. Upc -- Probate and Administration › Part 2. Informal Probate and Appointment Proceedings › 72-3-203. Probate and appointment under will -- additional information required

72-3-203. Probate and appointment under will -- additional information required.
(1) An application for informal probate of a will must state the following in addition to the statements required by 72-3-202:
(a) that the original of the decedent's last will is in the possession of the court or accompanies the application, that an authenticated copy of a will probated in another jurisdiction accompanies the application, or that an authenticated copy of a will filed without probate in another jurisdiction and proved, as provided in 72-3-220, accompanies the application;
(b) that the applicant to the best of the applicant's knowledge believes the will to have been validly executed;
(c) that after the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the will and that the applicant believes that the instrument that is the subject of the application is the decedent's last will.
(2) An application for informal appointment of a personal representative to administer an estate under a will must describe the will by date of execution and state the time and place of probate or the pending application or petition for probate. The application for appointment must adopt the statements in the application or petition for probate and state the name, address, and priority for appointment of the person whose appointment is sought.
History: En. 91A-3-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-301(2), (3); amd. Sec. 2, Ch. 410, L. 2005; amd. Sec. 62, Ch. 313, L. 2019.