72-3-1013. Limitation on actions against distributees. (1) Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim and the right of any heir or devisee or of a successor personal representative acting in their behalf to recover property improperly distributed or the value thereof from any distributee is forever barred at the later of 3 years after the decedent's death or 1 year after the time of distribution, but all claims of creditors of the decedent are barred 1 year after the decedent's death.
(2) This section does not bar an action to recover property or value received as the result of fraud.
History: En. 91A-3-1007 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1007; amd. Sec. 79, Ch. 313, L. 2019.
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