§ 72-3-822 — Distribution To Domiciliary Personal Representative -- Exceptions

Montana § 72-3-822

• Jurisdiction: Montana
• Title 72: ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
• Ch. 3: UPC -- PROBATE AND ADMINISTRATION
• Part 8: Creditors' Claims

Text

72-3-822 . Distribution to domiciliary personal representative -- exceptions. (1) The estate of a nonresident decedent being administered by a personal representative appointed in this state shall, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of the successors of the decedent unless:
(a) by virtue of the decedent's will, if any, and applicable choice of law rules, the successors are identified pursuant to the local law of this state without reference to the local law of the decedent's domicile;
(b) the personal representative of this state, after reasonable inquiry, is unaware of the existence or identity of a domiciliary personal representative; or
(c) the court orders otherwise in a proceeding for a closing order under 72-3-1001 or incident to the closing of a supervised administration.
(2) In other cases, distribution of the estate of a decedent shall be made in accordance with the other parts of this chapter.

Legislative History

En. 91A-3-816 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-816.