§ 72-3-901 Abatement
§ 72-3-902 Distribution in kind preferred — method — valuation
§ 72-3-903 Proposal for distribution — delivery — objection
§ 72-3-904 Distribution in kind — evidence of title
§ 72-3-905 Distribution by personal representative conclusive evidence of succession to interest by distributee
§ 72-3-906 Improper distribution or payment — liability of distributee or payee
§ 72-3-907 Purchases from distributees protected
§ 72-3-911 Successors’ rights if no administration
§ 72-3-912 Successor’s indebtedness to estate offset against interest — defenses available
§ 72-3-913 Interest on general pecuniary devise
§ 72-3-914 Partition for purpose of distribution
§ 72-3-915 Private agreements among successors as to distribution — testamentary trustee as successor
§ 72-3-916 Distribution to trustee — registration — bond
§ 72-3-917 Distribution to person under disability
§ 72-3-918 Disposition of unclaimed assets — escheat
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Terms Used In Montana Code > Title 72 > Chapter 3 > Part 9 - Special Provisions Relating to Distribution

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Contract: A legal written agreement that becomes binding when signed.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • 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.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Intestate: Dying without leaving a will.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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
  • Statute: A law passed by a legislature.
  • Testator: A male person who leaves a will at death.
  • Trustee: A person or institution holding and administering property in trust.
  • Writing: includes printing. See Montana Code 1-1-203