Montana Code Annotated 2017

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

Perfection Of Title Of Personal Representative, Heir, Or Devisee

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.