Montana Code Annotated
Part 6. Personal Representative Powers, Duties, and Compensation
72-3-602. Priority among different letters

72-3-602. Priority among different letters. A person to whom general letters are issued first has exclusive authority under the letters until the person's appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the subsequent representative done in good faith before notice of the first letters are not void for want of validity of appointment.
History: En. 91A-3-702 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-702; amd. Sec. 2348, Ch. 56, L. 2009.

Structure Montana Code Annotated

Montana Code Annotated

Title 72. Estates, Trusts, and Fiduciary Relationships

Chapter 3. Upc -- Probate and Administration

Part 6. Personal Representative Powers, Duties, and Compensation

72-3-601. Time of accrual of duties and powers -- power of executor prior to appointment -- ratification

72-3-602. Priority among different letters

72-3-603. Notice of appointment to heirs and devisees

72-3-604. Standing to sue

72-3-605. Personal representative to proceed without court order -- power to invoke jurisdiction

72-3-606. Possession and protection of estate

72-3-607. Inventory -- appraisal

72-3-608. Repealed

72-3-609. Supplemental inventory

72-3-610. General duties -- fiduciary

72-3-611. No surcharge for authorized acts generally -- limitation

72-3-612. No individual liability -- exceptions -- certain claims to be brought against personal representative

72-3-613. Transactions authorized for personal representative

72-3-614. Power to recover property that is subject of void or voidable transfer

72-3-615. Transaction involving conflict of interest -- voidable -- exceptions

72-3-616. Improper exercise of power -- breach of fiduciary duty

72-3-617. Order restraining personal representative

72-3-618. Persons dealing with personal representative -- protection

72-3-619. Powers of personal representatives in general

72-3-620. reserved

72-3-621. Powers and duties of successor personal representative

72-3-622. Corepresentatives -- when joint action required

72-3-623. Persons dealing with single corepresentative -- protection

72-3-624. Powers of remaining corepresentative

72-3-625. through 72-3-630 reserved

72-3-631. Compensation of personal representative

72-3-632. Expenses of personal representative in estate litigation

72-3-633. Repealed

72-3-634. Proceedings for review of employment of agents and compensation of personal representatives and employees