§ 72-3-101 Devolution of estate at death — restrictions
§ 72-3-102 Necessity of order of probate of will
§ 72-3-103 Necessity of appointment for administration
§ 72-3-104 Claims against decedent — necessity of administration
§ 72-3-105 Interested persons’ rights of application and petition
§ 72-3-106 Interested person’s right to demand notice of order or filing
§ 72-3-109 Acknowledgment of fiduciary relationship and obligations — personal representative, guardian, or conservator
§ 72-3-110 reserved
§ 72-3-111 Exclusive jurisdiction of court — binding nature of orders after notice
§ 72-3-112 Venue for estate proceedings
§ 72-3-113 Repealed
§ 72-3-114 Conflicting claim as to domicile in another state
§ 72-3-121 Scope of proceedings when no supervised administration — proceedings independent — combination of proceedings
§ 72-3-122 Time limit on probate, testacy, and appointment proceedings — exceptions
§ 72-3-123 Statutes of limitation on decedent’s cause of action — applicability
§ 72-3-131 Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons
§ 72-3-132 Procedure for securing court approval of compromise
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Terms Used In Montana Code > Title 72 > Chapter 3 > Part 1 - General Provisions

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Decedent: A deceased person.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Probate: Proving a will
  • Property: means real and personal property. See Montana Code 1-1-205
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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
  • Statute: A law passed by a legislature.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Third persons: means all persons who are not parties to the obligation or transaction concerning which the phrase is used. See Montana Code 1-1-206
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
  • Writing: includes printing. See Montana Code 1-1-203