72-3-1011. Limitation on actions against personal representative. Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within 6 months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.
History: En. 91A-3-1006 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1006.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 3. Upc -- Probate and Administration
72-3-1004. Closing estate by sworn statement of personal representative
72-3-1005. Final accounting required to close estate
72-3-1007. through 72-3-1010 reserved
72-3-1011. Limitation on actions against personal representative
72-3-1012. Liability of distributees to claimants
72-3-1013. Limitation on actions against distributees
72-3-1014. Certificate discharging liens securing fiduciary performance
72-3-1015. Estate to be closed within two years
72-3-1016. Subsequent administration upon discovery of other property