72-6-204. Forms. (1) A contract of deposit that contains provisions in substantially the following form establishes the type of account provided, and the account is governed by the provisions of this part applicable to an account of that type:
UNIFORM SINGLE- OR MULTIPLE-PARTY ACCOUNT FORM
PARTIES [Name One or More Parties]:
OWNERSHIP [Select One and Initial]:
..... SINGLE-PARTY ACCOUNT
..... MULTIPLE-PARTY ACCOUNT
Parties own account in proportion to net contributions unless there is clear and convincing evidence of a different intent. However, any one party may withdraw the entire amount on deposit in the account.
CHANGING TERMS OF ACCOUNT [Select One and Each Party Initial]:
..... MULTIPLE-PARTY ACCOUNT'S TERMS MAY BE CHANGED BY A SINGLE PARTY
..... MULTIPLE-PARTY ACCOUNT'S TERMS MAY BE CHANGED ONLY BY AGREEMENT OF ALL PARTIES
RIGHTS AT DEATH [Select One and Initial]:
..... SINGLE-PARTY ACCOUNT
At death of party, ownership passes as part of party's estate.
..... SINGLE-PARTY ACCOUNT WITH POD (PAY ON DEATH) DESIGNATION
[Name One or More Beneficiaries]:
At death of party, ownership passes to POD beneficiaries and is not part of party's estate.
..... MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP
At death of party, ownership passes to surviving parties.
..... MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND POD (PAY ON DEATH) DESIGNATION
[Name One or More Beneficiaries]:
At death of last surviving party, ownership passes to POD beneficiaries and is not part of last surviving party's estate.
..... MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP
At death of party, deceased party's ownership passes as part of deceased party's estate.
AGENCY (POWER OF ATTORNEY) DESIGNATION
Agents may make account transactions for parties but have no ownership or rights at death unless named as POD beneficiaries.
[To Add Agency Designation to Account, Name One or More Agents]:
[Select One And Initial]:
..... AGENCY DESIGNATION SURVIVES DISABILITY OR INCAPACITY OF PARTIES
..... AGENCY DESIGNATION TERMINATES ON DISABILITY OR INCAPACITY OF PARTIES
(2) A contract of deposit that does not contain provisions in substantially the form provided in subsection (1) is governed by the provisions of this part applicable to the type of account that most nearly conforms to the depositor's intent.
History: En. Sec. 87, Ch. 494, L. 1993; amd. Sec. 3, Ch. 279, L. 1997.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 6. Nonprobate Transfers on Death
Part 2. Multiple-Party Accounts
72-6-202. Limitation on scope of part
72-6-203. Types of account -- existing accounts
72-6-205. Designation of agent
72-6-206. Applicability of beneficial ownership provisions
72-6-207. through 72-6-210 reserved
72-6-211. Ownership during lifetime
72-6-213. Alteration of rights
72-6-214. Accounts and transfers nontestamentary
72-6-216. Community property and tenancy by entireties
72-6-217. through 72-6-220 reserved
72-6-221. Authority of financial institution
72-6-222. Payment on multiple-party account
72-6-223. Payment on POD designation
72-6-224. Payment to designated agent
72-6-228. Liability of nonprobate transferees for creditor claims and statutory allowances