Montana § 72-5-211 Testamentary Appointment Of Guardian Of Minor -- When Effective -- Priorities -- Notice Of Appointment

Montana Statutes

§ 72-5-211 — Testamentary Appointment Of Guardian Of Minor -- When Effective -- Priorities -- Notice Of Appointment

Montana § 72-5-211

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 5UPC -- PERSONS UNDER DISABILITY GUARDIANSHIP AND CONSERVATORSHIP

Part 2Guardians of Minors

This text of Montana § 72-5-211 (Testamentary Appointment Of Guardian Of Minor -- When Effective -- Priorities -- Notice Of Appointment) 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. § 72-5-211 (2026).

Text

72-5-211 . Testamentary appointment of guardian of minor -- when effective -- priorities -- notice of appointment.

(1)The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under 72-5-213 , a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated if before acceptance both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority.

(2)Upon acceptance of an appointment, written notice of acceptance must be given by the guardian to the minor and to the person having the minor's care or to the minor's nearest adult relations.

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72-5-211 . Testamentary appointment of guardian of minor -- when effective -- priorities -- notice of appointment. (1) The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under 72-5-213 , a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated if before acceptance both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority.
(2) Upon acceptance of an appointment, written notice of acceptance must be given by the guardian to the minor and to the person having the minor's care or to the minor's nearest adult relations.