Montana Statutes
§ 72-3-911 — Successors' Rights If No Administration
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 3 UPC -- PROBATE AND ADMINISTRATION·Part 9 Special Provisions Relating to Distribution
72-3-911 . Successors' rights if no administration.
(1)In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession.
(2)Devisees may establish title by the probated will to devised property. Persons entitled to property by homestead allowance, exemption, or intestacy may establish title to the property by proof of the decedent's ownership, the decedent's death, and their relationship to the decedent.
(3)Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children and subject to the rights of others resulting from abatement, retainer, advancement, and ademption.
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Legislative History
En. 91A-3-901 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-901; amd. Sec. 2378, Ch. 56, L. 2009.
Nearby Sections
15
§ 72-3-1005
Final Accounting Required To Close Estate§ 72-3-1006
Repealed§ 72-3-1007
Through 72-3-1010 Reserved§ 72-3-1012
Liability Of Distributees To Claimants§ 72-3-1013
Limitation On Actions Against Distributees§ 72-3-1015
Estate To Be Closed Within Two Years§ 72-3-102
Necessity Of Order Of Probate Of Will