72-9-109. Perfection of title of personal representative, heir, or devisee. If the title to any property to which this part applies is held by the surviving spouse at the time of the decedent's death, the personal representative or an heir or devisee, as those terms are defined in 72-1-103, of the decedent may institute an action to perfect title to the property. The personal representative has no fiduciary duty to discover or attempt to discover whether any property held by the surviving spouse is property to which this part applies, unless a written demand is made by an heir, devisee, or creditor of the decedent.
History: En. Sec. 6, Ch. 395, L. 1989; Sec. 72-6-109, MCA 1991; redes. 72-9-109 by Code Commissioner, 1993.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 9. Disposition of Community Property Rights at Death
Part 1. Uniform Disposition of Community Property Rights at Death
72-9-103. Rebuttable presumptions
72-9-104. through 72-9-106 reserved
72-9-107. Disposition upon death
72-9-108. Perfection of title of surviving spouse
72-9-109. Perfection of title of personal representative, heir, or devisee
72-9-110. Purchaser for value or lender
72-9-111. through 72-9-113 reserved
72-9-115. Acts of married persons
72-9-116. Limitations on testamentary disposition