72-3-123. Statutes of limitation on decedent's cause of action -- applicability. A statute of limitation running on a cause of action belonging to a decedent, which had not been barred as of the date of the decedent's death, may not apply to bar a cause of action surviving the decedent's death sooner than 4 months after death. A cause of action that, but for this section, would have been barred less than 4 months after death is barred after 4 months unless tolled.
History: En. 91A-3-109 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-109; amd. Sec. 2317, 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