72-4-306. Payment of debt and delivery of property to foreign representative. At any time after the expiration of 60 days from the death of a nonresident decedent, a person indebted to the estate of the nonresident decedent or having possession or control of personal property or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the estate of the nonresident decedent may pay the debt or deliver the personal property or the instrument evidencing the debt, obligation, stock, or chose in action to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of the domiciliary foreign personal representative's appointment and an affidavit made by or on behalf of the representative, stating:
(1) the date of the death of the nonresident decedent;
(2) that no local administration or application or petition for local administration is pending in this state;
(3) that the domiciliary foreign personal representative is entitled to payment or delivery.
History: En. 91A-4-204 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-204; amd. Sec. 14, Ch. 52, L. 1981; amd. Sec. 2392, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 4. Upc -- Foreign Personal Representatives and Ancillary Administration
Part 3. Powers and Duties of Foreign Personal Representative
72-4-303. Filing of letters, bond, inventory, and affidavit
72-4-305. Right to inspect estate assets for inventory
72-4-306. Payment of debt and delivery of property to foreign representative
72-4-307. Payment or delivery discharges debtor or possessor
72-4-308. Payment or delivery to foreign representative prohibited by resident creditor notice
72-4-309. Proof of authority -- bond