72-3-503. Objection to appointment. (1) An objection to an appointment can be made only in formal proceedings.
(2) In case of objection the priorities stated in 72-3-502 apply, except that:
(a) if the estate appears to be more than adequate to meet exemptions and costs of administration but inadequate to discharge anticipated unsecured claims, the court, on petition of creditors, may appoint any qualified person;
(b) in case of objection to appointment of a person other than one whose priority is determined by will by an heir or devisee appearing to have a substantial interest in the estate, the court may appoint a person who is acceptable to heirs and devisees whose interests in the estate appear to be worth in total more than half of the probable distributable value or, in default of this accord, any suitable person.
History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(2).
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 3. Upc -- Probate and Administration
Part 5. Personal Representative Appointment Priorities, Bond, and Termination
72-3-501. Who may not be personal representative
72-3-502. Priorities for appointment
72-3-503. Objection to appointment
72-3-504. Renunciation -- nomination of other -- two or more persons sharing priority
72-3-505. Rights of conservators relating to appointment
72-3-506. Priority of domiciliary personal representative
72-3-507. Appointment of one not having priority
72-3-508. Application of priority provisions to appointment of successor
72-3-509. and 72-3-510 reserved
72-3-511. Acceptance of appointment -- consent to jurisdiction
72-3-512. Qualification -- filing of bond and statement of acceptance
72-3-513. Bond -- when required
72-3-514. Demand for bond by interested person
72-3-515. Bond amount -- security -- reduction
72-3-516. Terms of bond -- liability of surety
72-3-517. through 72-3-520 reserved
72-3-521. Termination of appointment -- general effect
72-3-522. Termination of appointment -- death or disability
72-3-523. Termination of appointment -- change of testacy status
72-3-524. Termination of appointment -- closing of estate
72-3-525. Termination of appointment -- voluntary