72-3-514. Demand for bond by interested person. (1) Any person apparently having an interest in the estate worth in excess of $5,000 or any creditor having a claim in excess of $5,000 may make a written demand that a personal representative give bond. The demand must be filed with the clerk and a copy mailed to the personal representative, if appointment and qualification have occurred. Upon filing of the demand, bond is required, but the requirement ceases if the person demanding bond ceases to be interested in the estate or if bond is excused as provided in 72-3-513 or 72-3-515.
(2) After the personal representative has received notice and until the filing of the bond or cessation of the requirement of bond, the personal representative shall refrain from exercising any powers of the personal representative's office except as necessary to preserve the estate.
(3) Failure of the personal representative to meet a requirement of bond by giving suitable bond within 30 days after receipt of notice is cause for removal and appointment of a successor personal representative.
History: En. 91A-3-605 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-605; amd. Sec. 2338, Ch. 56, L. 2009; amd. Sec. 68, Ch. 313, L. 2019.
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