Montana Code Annotated 2023

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

Part 5. Personal Representative Appointment Priorities, Bond, and Termination

Termination Of Appointment -- General Effect

72-3-521. Termination of appointment -- general effect. Termination of appointment of a personal representative occurs as indicated in 72-3-522 through 72-3-526, inclusive. Termination ends the right and power pertaining to the office of personal representative as conferred by this code or any will, except that a personal representative, at any time prior to distribution or until restrained or enjoined by court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination or relieve the personal representative of the duty to preserve assets subject to the personal representative's control, to account for the assets, and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative but terminates the personal representative's authority to represent the estate in any pending or future proceeding.

History: En. 91A-3-608 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-608; amd. Sec. 2341, Ch. 56, L. 2009.