Montana § 72-4-311 Effect Of Local Administration On Foreign Representative, Third Persons, And Local Representative

Montana Statutes

§ 72-4-311 — Effect Of Local Administration On Foreign Representative, Third Persons, And Local Representative

Montana § 72-4-311

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 4UPC -- FOREIGN PERSONAL REPRESENTATIVES AND ANCILLARY ADMINISTRATION

Part 3Powers and Duties of Foreign Personal Representative

This text of Montana § 72-4-311 (Effect Of Local Administration On Foreign Representative, Third Persons, And Local Representative) 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. § 72-4-311 (2026).

Text

72-4-311 . Effect of local administration on foreign representative, third persons, and local representative.

(1)The power of a domiciliary foreign personal representative under 72-4-306 or 72-4-310 may be exercised only if there is no administration or application for administration pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under 72-4-310 , but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate.

(2)A person who, before receiving actual notice of a pending local administration, has changed the person's position in reliance upon the powers of a foreign personal representative may not be prejudiced by reason of the ap

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72-4-311 . Effect of local administration on foreign representative, third persons, and local representative. (1) The power of a domiciliary foreign personal representative under 72-4-306 or 72-4-310 may be exercised only if there is no administration or application for administration pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under 72-4-310 , but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate.
(2) A person who, before receiving actual notice of a pending local administration, has changed the person's position in reliance upon the powers of a foreign personal representative may not be prejudiced by reason of the application or petition for or grant of local administration. The local personal representative is subject to all duties and obligations that have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for the foreign personal representative in any action or proceedings in this state.

Legislative History

En. 91A-4-208 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-208; MCA 1979, 72-4-302 ; redes. 72-4-311 by Sec. 17, Ch. 52, L. 1981; amd. Sec. 2394, Ch. 56, L. 2009.