Montana Code Annotated
Part 3. Formal Testacy and Appointment Proceedings
72-3-306. Notice and procedure when fact of death in doubt

72-3-306. Notice and procedure when fact of death in doubt. (1) If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt or on the written demand of any interested person, a copy of the notice of the hearing on the petition must be sent by certified mail to the alleged decedent at the alleged decedent's last-known address. The court shall direct the petitioner to report the results of or make and report back concerning a reasonably diligent search for the alleged decedent in any manner that may seem advisable, including any of the following methods:
(a) by inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent;
(b) by notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the alleged decedent;
(c) by engaging the services of an investigator.
(2) The costs of any search must be paid by the petitioner if there is no administration or by the estate of the decedent if there is administration.
History: En. 91A-3-403 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 3, Ch. 516, L. 1975; R.C.M. 1947, 91A-3-403(2); amd. Sec. 2329, Ch. 56, L. 2009.

Structure Montana Code Annotated