JurisdictionMontanaTitle 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
Ch. 3UPC -- PROBATE AND ADMINISTRATION
Part 6Personal Representative Powers, Duties, and Compensation
This text of Montana § 72-3-607 (Inventory -- Appraisal) 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.
72-3-607 . Inventory -- appraisal.
(1)Within 9 months after appointment, a personal representative who is not a special administrator or a successor to another representative who has previously discharged this duty shall prepare an inventory of probate property owned by the decedent at the time of the decedent's death, listing the inventory of property with reasonable detail and indicating for each listed item its fair market value as of the date of the decedent's death and the type and amount of any encumbrance that may exist with reference to the item.
(2)The inventory must include a statement of the fair market value of the decedent's interest in every item listed in the inventory. The personal representative may employ a qualified and disinterested appraiser to assist in ascertaining
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72-3-607 . Inventory -- appraisal. (1) Within 9 months after appointment, a personal representative who is not a special administrator or a successor to another representative who has previously discharged this duty shall prepare an inventory of probate property owned by the decedent at the time of the decedent's death, listing the inventory of property with reasonable detail and indicating for each listed item its fair market value as of the date of the decedent's death and the type and amount of any encumbrance that may exist with reference to the item.
(2) The inventory must include a statement of the fair market value of the decedent's interest in every item listed in the inventory. The personal representative may employ a qualified and disinterested appraiser to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser must be indicated on the inventory with the item or items appraised.
(3) The personal representative shall:
(a) send a copy of the inventory to the following who request it: heirs, devisees, and creditors with allowed claims that have not been satisfied; or
(b) file the original of the inventory with the court and send a copy of the inventory to interested persons who request it.
(4) An heir, devisee, creditor, and any other interested person may waive their right to receive a copy of the inventory by executing a written waiver that is delivered to the personal representative. For the purposes of subsection (3)(a), the personal representative is considered to have sent a copy of the inventory to the waiving party.
(5) The personal representative may prepare a list of all property owned by the decedent at the time of decedent's death, including both probate and nonprobate property, the fair market value and nature of the decedent's interest in the property on the date of the decedent's death, and the name of each nonprobate transferee.
(6) Unless the court orders otherwise after notice and hearing, within 90 days of a demand by the decedent's spouse who has a right to election under 72-2-232 and whose right has not expired pursuant to 72-2-241 , the personal representative who is not a special administrator or a successor to another representative who has previously discharged this duty shall prepare a list of all property owned by the decedent at the time of decedent's death, including both probate and nonprobate property, the fair market value and nature of the decedent's interest in the property on the date of the decedent's death, and the name of each nonprobate transferee, in each case, to the extent known or reasonably discoverable by the personal representative, and shall mail a copy of the list to the surviving spouse who has demanded it.
(7) The personal representative has authority to acquire information necessary to complete the inventory described in subsection (1) and to complete the list described in subsections (5) and (6). Parties providing the information requested by the personal representative are discharged from all liability for doing so. The personal representative is discharged from all liability for disclosing the information necessary to fulfill the personal representative's duties and for disclosing the information to the surviving spouse under subsection (5).