72-3-507. Appointment of one not having priority. Appointment of one who does not have priority, including priority resulting from renunciation or nomination determined pursuant to 72-3-504, may be made only in formal proceedings. Before appointing one without priority, the court must determine that those having priority, although given notice of the proceedings, have failed to request appointment or to nominate another for appointment and that administration is necessary.
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(5).
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