72-3-801. Notice to creditors. (1) Unless notice has already been given under this section, a personal representative upon appointment shall publish a notice once a week for 3 successive weeks in a newspaper of general circulation in the county announcing the personal representative's appointment and address and notifying creditors of the estate to present their claims within 4 months after the date of the first publication of the notice or be forever barred.
(2) A personal representative may give written notice by mail or other delivery to any creditor, notifying the creditor to present the creditor's claim within 4 months from the published notice if given as provided in subsection (1) or within 30 days from the mailing or other delivery of the notice, whichever is later, or be forever barred. Written notice must be the notice described in subsection (1) or a similar notice.
(3) The personal representative is not liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section.
History: En. 91A-3-801 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-801; amd. Sec. 1, Ch. 500, L. 1989; amd. Sec. 2365, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 3. Upc -- Probate and Administration
72-3-802. Statutes of limitations -- waiver -- suspension
72-3-803. Nonclaim -- limitations on presentation of claims -- exceptions
72-3-804. Manner of presentation of claims
72-3-805. Allowance and disallowance of claims -- interest on allowed claims
72-3-806. Counterclaims -- deduction
72-3-807. Classification of claims as to priority of payment
72-3-809. and 72-3-810 reserved
72-3-813. Execution and levies prohibited
72-3-814. Claims not due and contingent or unliquidated claims
72-3-815. Compromise of claims
72-3-816. through 72-3-820 reserved
72-3-821. Administration in more than one state -- payment of claims
72-3-822. Distribution to domiciliary personal representative -- exceptions