Table of Contents TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS CHAPTER 3. UPC – PROBATE AND ADMINISTRATION Part 6. Personal Representative Powers, Duties, and Compensation

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72-3-601 — Time of accrual of duties... 72-3-602 — Priority among different... 72-3-603 — Notice of appointment to... 72-3-604 — Standing to sue 72-3-605 — Personal representative t... 72-3-606 — Possession and protection... 72-3-607 — Inventory – appraisal 72-3-609 — Supplemental inventory 72-3-610 — General duties – fiduciar... 72-3-611 — No surcharge for authoriz... 72-3-612 — No individual liability –... 72-3-613 — Transactions authorized f... 72-3-614 — Power to recover property... 72-3-615 — Transaction involving con... 72-3-616 — Improper exercise of powe... 72-3-617 — Order restraining persona... 72-3-618 — Persons dealing with pers... 72-3-619 — Powers of personal repres... 72-3-621 — Powers and duties of succ... 72-3-622 — Corepresentatives – when... 72-3-623 — Persons dealing with sing... 72-3-624 — Powers of remaining corep... 72-3-631 — Compensation of personal... 72-3-632 — Expenses of personal repr... 72-3-634 — Proceedings for review of...

Mont. Code Ann. § 72-3-606

Possession and protection of estate

(1) Except as otherwise provided by a decedent's will, a personal representative has a right to and shall take possession or control of the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled to the property unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession of the property, that the possession of the property by the personal representative is necessary for purposes of administration.

(2) The personal representative shall pay taxes on and take all steps reasonably necessary for the management, protection, and preservation of the estate in the personal representative's possession. The personal representative may maintain an action to recover possession of property or to determine the title to the property.

Official Annotations archive.org, 2025 edition

History:

EnactedEn. 91A-3-708 by SectionSec. 1, ChapterCh. 365, Laws ofL. 1974

Revised Codes of MontanaR.C.M. 1947, 91A-3-708

AmendedAmd. SectionSec. 97, ChapterCh. 2, Laws ofL. 2009 (SB 7 - Gebhardt, Kelly (R) SD 23)

AmendedAmd. SectionSec. 2352, ChapterCh. 56, Laws ofL. 2009 (HB 37 - Campbell, Margarett (D) HD 31)

Source text on leg.mt.gov