72-3-304. Effect of formal proceeding on power of informally appointed personal representative. Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, shall refrain from exercising the personal representative's power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of that office and requesting the appointment of a special administrator. In the absence of a request or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.
History: En. 91A-3-401 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-401(part); amd. Sec. 2328, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 3. Upc -- Probate and Administration
Part 3. Formal Testacy and Appointment Proceedings
72-3-301. Petition for formal testacy or appointment -- contents -- last will
72-3-302. Formal testacy proceedings -- nature -- how and when commenced
72-3-303. Formal proceeding supersedes all informal applications
72-3-304. Effect of formal proceeding on power of informally appointed personal representative
72-3-305. Notice of hearing on petition for formal testacy proceeding
72-3-306. Notice and procedure when fact of death in doubt
72-3-307. Hearings and proof in uncontested cases
72-3-308. Written objections to probate
72-3-310. Burdens in contested cases
72-3-311. Priority of determinations in contested cases
72-3-312. Effect of final order in another state
72-3-313. Order for formal probate
72-3-314. Probate of more than one instrument -- order
72-3-315. Order of partial intestacy
72-3-316. Will from place where probate unprovided for
72-3-318. Modification or vacation for other cause
72-3-319. Formal appointment proceedings
72-3-320. Nondomiciliary decedent -- will filed and not probated in domiciliary state