72-2-536. Duty of custodian of will -- liability. After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and, if none is known, to an appropriate court. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure. A person who willfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
History: En. 91A-2-902 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-902; amd. Sec. 35, Ch. 494, L. 1993; Sec. 72-2-401, MCA 1991; redes. 72-2-536 by Code Commissioner, 1993.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers
Part 5. Wills, Will Contracts, and Custody and Deposit of Wills
72-2-505. through 72-2-510 reserved
72-2-522. Execution -- witnessed wills -- holographic wills
72-2-523. Writings intended as wills
72-2-526. Choice of law as to execution
72-2-527. Revocation by writing or act
72-2-528. Revocation by change of circumstances
72-2-529. Revival of revoked will
72-2-530. Incorporation by reference
72-2-531. Testamentary additions to trusts
72-2-532. Events of independent significance
72-2-533. Separate writing identifying disposition of tangible personal property
72-2-534. Contracts concerning succession
72-2-535. Deposit of will with court in testator's lifetime