72-3-513. Bond -- when required. (1) Bond is not required of a personal representative appointed in informal proceedings, except:
(a) upon the appointment of a special administrator;
(b) when an executor or other personal representative is appointed to administer an estate under a will containing an express requirement of bond; or
(c) when bond is required under 72-3-514.
(2) Bond may be required by court order at the time of appointment of a personal representative appointed in any formal proceeding, except that bond is not required of a personal representative appointed in formal proceedings if the will relieves the personal representative of bond unless bond has been requested by an interested party and the court is satisfied that it is desirable. Bond required by any will may be dispensed with in formal proceedings upon determination by the court that it is not necessary.
(3) Bond is not required of any personal representative who, pursuant to statute, has deposited cash or collateral with an agency of this state to secure performance of the personal representative's duties.
History: En. 91A-3-603 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-603; amd. Sec. 2337, Ch. 56, L. 2009.
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