72-3-106. Interested person's right to demand notice of order or filing. (1) A person desiring notice of an order or filing pertaining to a decedent's estate in which the person has a financial or property interest may file a demand for notice with the court at any time after the death of the decedent stating:
(a) the name of the decedent;
(b) the nature of the demandant's interest in the estate; and
(c) the demandant's address or that of the demandant's attorney.
(2) The clerk shall mail a copy of the demand to the personal representative if one has been appointed.
(3) After filing of a demand, an order or filing to which the demand relates may not be made or accepted without notice as prescribed in 72-1-301 to the demandant or the demandant's attorney. The validity of an order that is issued or filing that is accepted without compliance with this requirement may not be affected by the error, but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice.
(4) The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and must cease upon the termination of the demandant's interest in the estate.
History: En. 91A-3-204 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-204; amd. Sec. 2315, 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