Montana Statutes

§ 72-3-123 — Statutes Of Limitation On Decedent's Cause Of Action -- Applicability

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

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Legislative 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.

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