72-3-610. General duties -- fiduciary. A personal representative is a fiduciary who shall observe the standards of care applicable to trustees under the laws of the state of Montana. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this code and as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred upon the personal representative by this code, the terms of the will, if any, and any order in proceedings to which the personal representative is party for the best interests of successors to the estate.
History: En. 91A-3-703 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-703(1); amd. Sec. 2353, 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