Montana § 72-3-802 Statutes Of Limitations -- Waiver -- Suspension

Montana Statutes

§ 72-3-802 — Statutes Of Limitations -- Waiver -- Suspension

Montana § 72-3-802

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 3UPC -- PROBATE AND ADMINISTRATION

Part 8Creditors' Claims

This text of Montana § 72-3-802 (Statutes Of Limitations -- Waiver -- Suspension) 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. § 72-3-802 (2026).

Text

72-3-802 . Statutes of limitations -- waiver -- suspension.

(1)Unless an estate is insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid.

(2)The running of any statute of limitations measured from some other event than death or the giving of notice to creditors is suspended during the 4 months following the decedent's death but resumes thereafter as to claims not barred pursuant to the sections which follow.

(3)For purposes of any statute of limitations, the proper presentation of a claim under 72-3-804 is equivalent to commen

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72-3-802 . Statutes of limitations -- waiver -- suspension. (1) Unless an estate is insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid.
(2) The running of any statute of limitations measured from some other event than death or the giving of notice to creditors is suspended during the 4 months following the decedent's death but resumes thereafter as to claims not barred pursuant to the sections which follow.
(3) For purposes of any statute of limitations, the proper presentation of a claim under 72-3-804 is equivalent to commencement of a proceeding on the claim.