Montana Statutes

§ 72-3-615 — Transaction Involving Conflict Of Interest -- Voidable -- Exceptions

Montana § 72-3-615
JurisdictionMontana
Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
Ch. 3UPC -- PROBATE AND ADMINISTRATION
Part 6Personal Representative Powers, Duties, and Compensation

This text of Montana § 72-3-615 (Transaction Involving Conflict Of Interest -- Voidable -- Exceptions) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mont. Code Ann. § 72-3-615 (2026).

Text

72-3-615 . Transaction involving conflict of interest -- voidable -- exceptions. Any sale or encumbrance to the personal representative, the personal representative's spouse, agent, or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest or any transaction that is affected by a substantial conflict of interest on the part of the personal representative is voidable by any person interested in the estate except one who has consented after fair disclosure unless:

(1)the will or a contract entered into by the decedent expressly authorized the transaction; or
(2)the transaction is approved by the court after notice to interested persons.

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Legislative History

En. 91A-3-711 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-711; amd. Sec. 2357, Ch. 56, L. 2009.

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Montana § 72-3-615, Counsel Stack Legal Research, https://law.counselstack.com/statute/mt/3/72-3-615.