72-15-107. Power to require persons controlling property to furnish statement describing property. Whenever a person dies in any county of this state and an administrator has not been appointed to take charge of the person’s estate, the public administrator of the county, prior to the issuance of letters of administration, has authority to make a written demand upon any person, firm, bank, or corporation that the public administrator believes holds or has in its possession or control any money, evidence of indebtedness, or other personal property or that owes to the deceased person any money requiring that entity to furnish to the public administrator a written statement, under oath, showing the amount of money or the evidence of indebtedness or personal property of the deceased person held by it fully describing the evidence or property and the total sums of money, if any, due from it to the deceased person. Upon receipt of the written demand, the person, firm, bank, or corporation receiving the demand shall immediately furnish the statement, under oath, to the public administrator.

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Terms Used In Montana Code 72-15-107

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Oath: A promise to tell the truth.
  • Oath: includes an affirmation or declaration. See Montana Code 1-1-201
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Personal property: All property that is not real property.
  • Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
  • Property: means real and personal property. See Montana Code 1-1-205
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201