72-4-311. Effect of local administration on foreign representative, third persons, and local representative. (1) The power of a domiciliary foreign personal representative under 72-4-306 or 72-4-310 may be exercised only if there is no administration or application for administration pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under 72-4-310, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate.
(2) A person who, before receiving actual notice of a pending local administration, has changed the person's position in reliance upon the powers of a foreign personal representative may not be prejudiced by reason of the application or petition for or grant of local administration. The local personal representative is subject to all duties and obligations that have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for the foreign personal representative in any action or proceedings in this state.
History: En. 91A-4-208 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-208; MCA 1979, 72-4-302; redes. 72-4-311 by Sec. 17, Ch. 52, L. 1981; amd. Sec. 2394, 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