Montana § 72-3-618 Persons Dealing With Personal Representative -- Protection

Montana Statutes

§ 72-3-618 — Persons Dealing With Personal Representative -- Protection

Montana § 72-3-618

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 3UPC -- PROBATE AND ADMINISTRATION

Part 6Personal Representative Powers, Duties, and Compensation

This text of Montana § 72-3-618 (Persons Dealing With Personal Representative -- Protection) 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. § 72-3-618 (2026).

Text

72-3-618 . Persons dealing with personal representative -- protection.

(1)A person who in good faith and without notice either assists a personal representative or deals with a personal representative for value is protected as if the personal representative properly exercised the personal representative's power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives that are endorsed on letters as provided in 72-3-404 , a provision in any will or order of court purporting to limit the power of a personal representative is not effective except as to persons with actual knowledge of the provision.

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72-3-618 . Persons dealing with personal representative -- protection. (1) A person who in good faith and without notice either assists a personal representative or deals with a personal representative for value is protected as if the personal representative properly exercised the personal representative's power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives that are endorsed on letters as provided in 72-3-404 , a provision in any will or order of court purporting to limit the power of a personal representative is not effective except as to persons with actual knowledge of the provision.
(2) A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative.
(3) The protection expressed in this section extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection expressed in this section is not a substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.