Montana Statutes
§ 72-3-1102 — Effect Of Affidavit
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 3 UPC -- PROBATE AND ADMINISTRATION·Part 11 Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates
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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Legislative History
En. 91A-3-1202 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1202; amd. Sec. 2388, Ch. 56, L. 2009.
Nearby Sections
15
§ 72-3-1005
Final Accounting Required To Close Estate§ 72-3-1006
Repealed§ 72-3-1007
Through 72-3-1010 Reserved§ 72-3-1012
Liability Of Distributees To Claimants§ 72-3-1013
Limitation On Actions Against Distributees§ 72-3-1015
Estate To Be Closed Within Two Years§ 72-3-102
Necessity Of Order Of Probate Of Will