§ 72-3-106 — Interested Person's Right To Demand Notice Of Order Or Filing

Montana § 72-3-106

• Jurisdiction: Montana
• Title 72: ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
• Ch. 3: UPC -- PROBATE AND ADMINISTRATION
• Part 1: General Provisions

Text

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.

Legislative 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.