72-3-911. Successors' rights if no administration. (1) In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession.
(2) Devisees may establish title by the probated will to devised property. Persons entitled to property by homestead allowance, exemption, or intestacy may establish title to the property by proof of the decedent's ownership, the decedent's death, and their relationship to the decedent.
(3) Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children and subject to the rights of others resulting from abatement, retainer, advancement, and ademption.
History: En. 91A-3-901 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-901; amd. Sec. 2378, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 3. Upc -- Probate and Administration
Part 9. Special Provisions Relating to Distribution
72-3-902. Distribution in kind preferred -- method -- valuation
72-3-903. Proposal for distribution -- delivery -- objection
72-3-904. Distribution in kind -- evidence of title
72-3-906. Improper distribution or payment -- liability of distributee or payee
72-3-907. Purchases from distributees protected
72-3-908. through 72-3-910 reserved
72-3-911. Successors' rights if no administration
72-3-912. Successor's indebtedness to estate offset against interest -- defenses available
72-3-913. Interest on general pecuniary devise
72-3-914. Partition for purpose of distribution
72-3-916. Distribution to trustee -- registration -- bond