72-3-527. Successor personal representative. (1) Parts 2 and 3 of this chapter govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated.
(2) After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and a notice, process, or claim that was given or served upon the former personal representative is not required to be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may have obtained or preserved with reference to the former personal representative.
(3) Except as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration that the former personal representative would have had if the former personal representative's appointment had not been terminated.
History: En. 91A-3-613 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-613; amd. Sec. 2346, 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