Montana § 72-3-502 Priorities For Appointment

Montana Statutes

§ 72-3-502 — Priorities For Appointment

Montana § 72-3-502

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 3UPC -- PROBATE AND ADMINISTRATION

Part 5Personal Representative Appointment Priorities, Bond, and Termination

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Bluebook

Mont. Code Ann. § 72-3-502 (2026).

Text

72-3-502 . Priorities for appointment. Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order:

(1)the person with priority as determined by a probated will, including a person nominated by a power conferred in a will;

(2)the surviving spouse of the decedent who is a devisee of the decedent;

(3)the custodial parent of a minor decedent;

(4)other devisees of the decedent;

(5)the surviving spouse of the decedent;

(6)the parent of an adult decedent who was survived by issue, none of whom is an adult;

(7)other heirs of the decedent;

(8)public administrator;

(9)45 days after the death of the decedent, any creditor.

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72-3-502 . Priorities for appointment. Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order:
(1) the person with priority as determined by a probated will, including a person nominated by a power conferred in a will;
(2) the surviving spouse of the decedent who is a devisee of the decedent;
(3) the custodial parent of a minor decedent;
(4) other devisees of the decedent;
(5) the surviving spouse of the decedent;
(6) the parent of an adult decedent who was survived by issue, none of whom is an adult;
(7) other heirs of the decedent;
(8) public administrator;
(9) 45 days after the death of the decedent, any creditor.

Legislative History

En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(1); amd. Sec. 1, Ch. 219, L. 1989; amd. Sec. 66, Ch. 313, L. 2019.