72-3-618. Persons dealing with personal representative -- protection. (1) A person who in good faith and without notice either assists a personal representative or deals with a personal representative for value is protected as if the personal representative properly exercised the personal representative's power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives that are endorsed on letters as provided in 72-3-404, a provision in any will or order of court purporting to limit the power of a personal representative is not effective except as to persons with actual knowledge of the provision.
(2) A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative.
(3) The protection expressed in this section extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection expressed in this section is not a substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
History: En. 91A-3-712 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-712; amd. Sec. 18, Ch. 9, Sp. L. May 2000; amd. Sec. 73, Ch. 313, L. 2019.
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