72-5-211. Testamentary appointment of guardian of minor -- when effective -- priorities -- notice of appointment. (1) The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under 72-5-213, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated if before acceptance both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority.
(2) Upon acceptance of an appointment, written notice of acceptance must be given by the guardian to the minor and to the person having the minor's care or to the minor's nearest adult relations.
History: En. 91A-5-202 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-202(part); amd. Sec. 2399, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship
72-5-202. Consent to jurisdiction by acceptance of appointment
72-5-203. through 72-5-210 reserved
72-5-212. Recognition of appointment of guardian by foreign will
72-5-213. Objection by minor 14 years of age or older to testamentary appointment
72-5-214. through 72-5-220 reserved
72-5-221. Venue for proceedings for court appointment of guardian of minor
72-5-223. Guardian of minor by court appointment -- qualifications -- nominee of minor preferred
72-5-224. Temporary guardian of minor
72-5-226. through 72-5-230 reserved