Montana § 72-3-1102 Effect Of Affidavit

Montana Statutes

§ 72-3-1102 — Effect Of Affidavit

Montana § 72-3-1102

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 3UPC -- PROBATE AND ADMINISTRATION

Part 11Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates

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Bluebook

Mont. Code Ann. § 72-3-1102 (2026).

Text

72-3-1102 . Effect of affidavit.

(1)The person paying, delivering, transferring, or issuing personal property or the evidence of personal property pursuant to affidavit is discharged and released to the same extent as if the person dealt with a personal representative of the decedent. The person is not required to see to the application of the personal property or evidence of personal property or to inquire into the truth of any statement in the affidavit.

(2)If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence of personal property, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled to

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72-3-1102 . Effect of affidavit. (1) The person paying, delivering, transferring, or issuing personal property or the evidence of personal property pursuant to affidavit is discharged and released to the same extent as if the person dealt with a personal representative of the decedent. The person is not required to see to the application of the personal property or evidence of personal property or to inquire into the truth of any statement in the affidavit.
(2) If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence of personal property, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled to the property.
(3) A person to whom payment, delivery, transfer, or issuance is made is answerable and accountable for the property to any person representative of the estate or to any other person having a superior right.