72-3-603. Notice of appointment to heirs and devisees. (1) Not later than 30 days after appointment, every personal representative, except any special administrator, shall give information of the appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any will mentioned in the application for appointment of a personal representative. The information must be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the personal representative. The duty does not extend to require information to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate.
(2) (a) The information must:
(i) include the name and address of the personal representative;
(ii) indicate that it is being sent to persons who have or may have some interest in the estate being administered;
(iii) indicate whether bond has been filed; and
(iv) describe the court where papers relating to the estate are on file.
(b) The information must state that the estate is being administered by the personal representative under the Uniform Probate Code without supervision by the court but that recipients are entitled to information regarding the administration from the personal representative and may petition the court in any matter relating to the estate, including distribution of assets and expenses of administration.
(3) The personal representative's failure to give this information is a breach of the personal representative's duty to the persons concerned but does not affect the validity of the personal representative's appointment, powers, or other duties.
(4) A personal representative may inform other persons of the appointment by delivery or ordinary first-class mail.
History: En. 91A-3-705 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-705; amd. Sec. 11, Ch. 582, L. 1989; amd. Sec. 2349, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 3. Upc -- Probate and Administration
Part 6. Personal Representative Powers, Duties, and Compensation
72-3-602. Priority among different letters
72-3-603. Notice of appointment to heirs and devisees
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
72-3-609. Supplemental inventory
72-3-610. General duties -- fiduciary
72-3-611. No surcharge for authorized acts generally -- limitation
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
72-3-621. 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