72-3-802. Statutes of limitations -- waiver -- suspension. (1) Unless an estate is insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid.
(2) The running of any statute of limitations measured from some other event than death or the giving of notice to creditors is suspended during the 4 months following the decedent's death but resumes thereafter as to claims not barred pursuant to the sections which follow.
(3) For purposes of any statute of limitations, the proper presentation of a claim under 72-3-804 is equivalent to commencement of a proceeding on the claim.
History: En. 91A-3-802 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-802; amd. Sec. 2, Ch. 500, L. 1989.
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