72-3-101. Devolution of estate at death -- restrictions. (1) The power of a person to leave property by will and the rights of creditors, devisees, and heirs to the person's property are subject to the restrictions and limitations contained in this code to facilitate the prompt settlement of estates.
(2) Upon the death of a person, the decedent's real and personal property devolves to the persons to whom it is devised by the decedent's last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estates or, in the absence of testamentary disposition, to the decedent's heirs or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to homestead allowance, exempt property, and family allowance, to rights of creditors, elective share of the surviving spouse, and to administration.
History: En. 91A-3-101 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-101; amd. Sec. 2314, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 3. Upc -- Probate and Administration
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
72-3-107. and 72-3-108 reserved
72-3-111. Exclusive jurisdiction of court -- binding nature of orders after notice
72-3-112. Venue for estate proceedings
72-3-114. Conflicting claim as to domicile in another state
72-3-115. through 72-3-120 reserved
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
72-3-124. through 72-3-130 reserved
72-3-132. Procedure for securing court approval of compromise