Title 72

The degree of kinship is established by the number of generations, and each generation is called a degree.

There are two types of kinship, lineal and collateral. Lineal kinship, or the direct line of consanguinity, is the relationship between persons, one of whom is a descendant of the other. Collateral kinship is the relationship between people who descend from a common ancestor but …

The degree of lineal kinship of two persons is computed by counting one degree for each person in the line of ascent or descent, exclusive of the person from whom the computing begins. The child is, with regard to the parent, in the first degree; the grandchild is, with regard to…

The degree of collateral kinship of two persons is computed by commencing with one of the persons, ascending from that person to a common ancestor, descending from that ancestor to the other person, and counting one degree for each person in the line of ascent and in the line of …

When the validity or probate of a will is contested through court action, the attorney fees and costs, as provided in 25-10-201, incurred in defending the validity or probate of the will must be paid by the party contesting the validity or probate of the will if the will in proba…

In a proceeding involving the probate, either contested or uncontested, of a will in which the signature of the testator or of any witness is an issue, any party to the proceeding may file with the court a verified petition requesting that the original be delivered to a handwriti…

The court, upon notice and hearing, shall determine whether the procedure is justified by the circumstances of the case and whether the handwriting expert specified in the petition is a qualified professional handwriting expert.

If the court grants the petition for delivery of the original will to a qualified handwriting expert residing and having a place of business outside the county or state, the clerk of court shall make at least two photocopies of the original will, which photocopies must remain in …

Upon completion of the analysis, the handwriting expert shall return the original will to the clerk of court by certified mail, return receipt requested.

Unless the court orders another disposition of the written report, the handwriting expert, upon completion of the analysis, shall mail the expert's written report to the party who requested it.

All fees and expenses arising from the procedure outlined in this part, including the cost of photocopying the will, the expense of all registered or certified mailings, and the handwriting expert's fee, shall be paid by the party requesting the handwriting analysis.

Unless the court otherwise orders, the handwriting expert's written report must be the sole and exclusive property of the party requesting it. However, upon demand and the payment of a pro rata share of the fees and costs of the handwriting expert, as determined by the court, any…

Parts 1 through 3 of this chapter are to be known as the "Escheated Estates Act".

(1) Whenever the title to any property, either real or personal or mixed, fails for any reason, including want of heirs or next of kin, the title vests in the state of Montana immediately upon the death of the owner without an inquest or other similar proceeding and there is no p…

(1) The attorney general of the state of Montana shall be the legal adviser in connection with all escheated property matters, and it is the duty of the attorney general to institute investigations and conduct inquiries for the discovery of all real and personal property which ma…

In order to ascertain if any person has knowledge of or is in possession of any escheatable property, it is lawful for the attorney general or the attorney general's assistant to obtain discovery on motion in the district court requiring any person or persons to divulge any infor…

(1) A public administrator shall, as soon as the public administrator receives the money, deposit with the county treasurer of the county in which probate proceedings are pending all money of the estate. The money may be drawn upon the order of the public administrator, countersi…

The moneys thus deposited may, upon order of the court or judge, be invested pending the proceedings in securities of the United States or of this state, when such investment is for the best interests of the estate.

At the final settlement of an estate, if there are no heirs or other claimants, the district judge shall order the public administrator to sell all property belonging to the estate and pay the proceeds to the county treasurer. The county treasurer shall keep an account of the mon…

(1) If the intangible personal property in an escheated estate was not sold by the personal representative at the final settlement of the estate, then the personal representative shall deliver all of the property to the department of revenue with a statement setting forth the nam…

(1) If the real property was not sold by the personal representative at the final settlement of the estate, then the personal representative shall make and execute to the state of Montana a deed and deliver the deed to the county clerk and recorder of the county in which the real…

(1) If the tangible personal property in an escheated estate was not sold by the personal representative at the final settlement of the estate, the personal representative shall deliver the property to the county treasurer. The county treasurer shall, within 1 year of the receipt…

All hereinbefore mentioned sales by the department of revenue or county treasurer must be for cash at public auction and shall be made to the highest bidder. However, the seller may reject all bids which are disproportionate to the value of the property being sold.

All sums escheated under the provisions of parts 1 through 3 of this chapter must be delivered by the department of revenue to the state treasurer and deposited by the treasurer in the private purpose trust fund.

Money and property placed in the private purpose trust fund must be held in trust for a period of 5 years prior to deposit in the public school permanent fund by the state treasurer. The private purpose trust is for the benefit of persons who claim property pursuant to part 3 of …

(1) Any persons claiming property in the hands of the state treasurer must bring an action in the district court of Lewis and Clark County, Montana, against the state treasurer. (2) In such action one copy of the complaint and summons must be served upon the state treasurer, one …

Such action must be brought within 5 years from the date on which the money or property is received by the state treasurer, saving, however, to minors and persons of unsound mind or citizens of the United States beyond the limits of the United States, the right to commence their …

When property in the hands of a personal representative, trustee, or other fiduciary is assigned or distributed to any heir, legatee, devisee, creditor, beneficiary, or person interested in an estate or trust who does not have an agent in this state or who cannot be found or who …

When any person appears and claims the money paid into the county treasury, the district court of the county shall inquire into the claim and, if satisfied of the person's right to the money, shall make an order to that effect. Upon presentation of the order, the treasurer shall …

(1) All money or other property distributed in the administration of an estate of a decedent or as the subject of a trust and deposited with the county treasurer to the credit of the distributee or beneficiary and any money remaining on deposit to the credit of an estate after fi…

When no direction is given in this chapter for the government or guidance of a public administrator in the discharge of the administrator's duties or for the administration of an estate in the administrator's hands, the provisions of this title govern.

(1) A public administrator who is duly elected, commissioned, and qualified shall take charge of estates of persons dying within the administrator's county as follows: (a) estates of decedents for which no administrators are appointed and that, in consequence of the lack of admin…

(1) Whenever a public administrator takes charge of an estate under order of the court, the administrator shall with all convenient dispatch procure letters of administration on the estate in the same manner and under the same proceedings as letters of administration are issued t…

The public administrator must institute all actions and prosecutions necessary to recover the property, debts, papers, or other estate of the decedent.

Whenever a stranger or person without known heirs dies intestate in the house or premises of another, the possessor of the premises or anyone knowing the facts shall give immediate notice to the public administrator of the county. If the possessor does not give the notice, the po…

All civil officers must inform the public administrator of all property known to them belonging to a decedent which is liable to loss, injury, or waste and which, by reason thereof, ought to be in the possession of the public administrator.

Whenever a person dies in any county of this state and an administrator has not been appointed to take charge of the person's estate, the public administrator of the county, prior to the issuance of letters of administration, has authority to make a written demand upon any person…

Any person, firm, bank, or corporation or officer, agent, or employee thereof refusing upon demand to furnish the statement as required by 72-15-107 shall be guilty of a misdemeanor.

When the public administrator complains to the district court or a judge of the district court, on oath, that any person has concealed, committed theft of, or disposed of or has in the person's possession any money, goods, property, or effects that the administrator is entitled t…

All interrogatories and answers must be reduced to writing and signed by the party examined and filed in the court. If the person cited refuses to appear and submit to the examination or to answer the interrogatories as may be put to the party touching the matter of the complaint…

The public administrator shall make out and return an inventory of all estates taken into the administrator's possession and administer and account for the inventory according to the provisions of this chapter, subject to the control and directions of the court.

If at any time letters testamentary or of administration are regularly granted to any other person on the estate of which the public administrator has charge, the public administrator shall, under order of the court, account for, pay, and deliver to the executor or administrator …

The court or judge may, at any time, order the public administrator to account for and deliver all the money of an estate in the public administrator's hands to the heirs or to the executors or administrators regularly appointed.

It is the duty of the public administrator to keep a book to be labeled "Register of Public Administrator" in which the public administrator shall enter: (1) the name of every deceased person on whose estate the public administrator administers; (2) the date of granting letters; …

(1) It is the duty of a public administrator, as soon as the public administrator receives money, to deposit with the county treasurer of the county in which probate proceedings are pending all money of the estate, and the money may be drawn upon the order of the personal represe…