Title 72, Title 72

The fees of all officers chargeable to estates in the hands of public administrators must be paid out of the assets of the estates as soon as the assets come into the public administrator's hands.

The public administrator may not be interested in the expenditures of any kind made on account of any estate that the public administrator administers. The public administrator may not be associated, in business or otherwise, with anyone who is interested in expenditures made on …

At the final settlement of any estate, if there be no heirs or other claimants thereof, the district judge shall make an order directing the administrator to sell all property belonging to the estate and pay the proceeds to the county treasurer, who shall credit the same and all …

When it appears from the returns made in pursuance of this part that any money remains in the hands of the public administrator after final settlement of the estate unclaimed that should be paid over to the county treasurer, the court or judge shall order the money paid over to t…

(1) The public administrator must receive and shall collect for the administrator's own use as full compensation for services under this chapter, the amount provided for in 72-3-631. (2) When the public administrator is appointed conservator of the estate of a protected person pu…

The public administrator, upon the expiration or termination of the term of office, may continue to administer estates not closed by filing and presenting to the court a full and complete account pertaining to each estate not closed and securing a court order granting the public …

If the public administrator, upon the expiration or termination of the public administrator's office and within 60 days after that date, fails to qualify as general administrator of estates not yet closed, the public administrator shall, upon demand of the successor to the office…

The court shall determine and allow the predecessor in office for services rendered in connection with estates not closed a compensation based upon the commission prescribed and allowed by law in proportion to the services necessarily rendered and those necessary to be rendered b…

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Department" means the department of revenue provided for in 2-15-1301. (2) "Direct skip" has the meaning given in section 2612(c), Internal Revenue Code. (3) "Federal generation-ski…

(1) A tax is imposed on each generation-skipping transfer, other than a direct skip, occurring at the same time and as a result of the death of an individual, in an amount equal to the maximum federal credit allowable under section 2604, Internal Revenue Code. (2) If any of the p…

(1) A person required to file a return reporting a generation-skipping transfer under federal law shall file a duplicate of the federal return with the department and shall file any other information as the department may require. The return must be filed on or before the last da…

The person liable for payment of the federal generation-skipping transfer tax is liable for the tax imposed under 72-16-1002. If the tax imposed by 72-16-1002 is not paid within the time established in 72-16-1003, the tax is delinquent and draws interest at the rate of 10% a year…

The tax imposed by 72-16-1002 is a lien on the property subject to the tax for a period of 10 years from the time of the generation-skipping transfer. The payment of the tax and any interest due releases the lien and discharges the liability for payment of the tax. If the lien is…

A person liable for payment of the tax imposed under 72-16-1002 shall claim the maximum federal credit allowable for the portion of the state generation-skipping transfer tax paid with respect to property included in a taxable generation-skipping transfer. A person claiming less …

The department shall adopt rules necessary for the administration and enforcement of this part.

The interest of the decedent in property held in joint tenancy terminates upon death.

For the purposes of this part, a decedent is one who dies leaving no property that requires the appointment of a personal representative and who: (1) was the owner of a life estate that terminated at death; or (2) was the owner of property with another or others as a joint tenant…

A person with an interest in real property that was owned by a decedent, as defined under 72-16-502, shall record with the clerk and recorder of each county in which the real property or any part of the property is located a document containing those matters required by 7-4-2613(…

For purposes of this part, the following definitions apply: (1) "Estate" means the gross estate of a decedent as determined for the purpose of federal estate tax and the estate tax payable to this state. (2) "Fiduciary" means personal representative or trustee. (3) "Person" means…

The court in which venue lies for the administration of the estate of a decedent, on petition for the purpose, may determine the apportionment of the tax.

(1) Except as provided in subsection (3) and unless the will or governing instrument otherwise provides, the tax must be apportioned among all persons interested in the estate. The apportionment is to be made in the proportion that the value of the interest of each person interes…

If the court finds that it is inequitable to apportion interest and penalties in the manner provided in 72-16-603 because of special circumstances, it may direct apportionment thereof in the manner it finds equitable.

If property held by the personal representative is distributed prior to final apportionment of the tax, the distributee shall provide a bond or other security for the apportionment liability in the form and amount prescribed by the personal representative.

No interest in income and no estate for years or for life or other temporary interest in any property or fund is subject to apportionment as between the temporary interest and the remainder. The tax on the temporary interest and the tax, if any, on the remainder is chargeable aga…

(1) In making an apportionment, allowances must be made for any exemptions granted, for any classification made of persons interested in the estate, and for any deductions and credits allowed by the law imposing the tax. (2) Any exemption or deduction allowed by reason of the rel…

(1) The personal representative or other person in possession of the property of the decedent required to pay the tax may withhold from any property distributable to any person interested in the estate, upon its distribution to the person, the amount of tax attributable to the pe…

If the court finds that the assessment of penalties and interest assessed in relation to the tax is due to delay caused by the negligence of the fiduciary, the court may charge the fiduciary with the amount of the assessed penalties and interest.

Neither the personal representative nor other person required to pay the tax is under any duty to institute any action to recover from any person interested in the estate the amount of the tax apportioned to the person until the expiration of the 3 months next following final det…

In any action to recover from any person interested in the estate the amount of the tax apportioned to the person in accordance with this part, the determination of the court in respect thereto made pursuant to 72-16-602 shall be prima facie correct.

A personal representative acting in another state or a person required to pay the tax domiciled in another state may institute an action in the courts of this state and may recover a proportionate amount of the federal estate tax, of an estate tax payable to another state, or of …

It is hereby declared to be the intent and purpose of this part to obtain for this state the benefit of the credit allowed under the provisions of the Internal Revenue Code, to the extent that this state may be entitled by the provisions of said act, by imposing additional taxes,…

For the purpose of the estate tax, the following have taxable situs in this state: (1) real property located in this state; (2) tangible personal property located in this state; and (3) intangible personal property owned by a resident regardless of where it is located.

An estate tax is imposed upon the transfer of the estate of every decedent leaving an estate that is subject to the federal estate tax imposed by the United States of America under the applicable provisions of the Internal Revenue Code and that has, in whole or in part, a taxable…

The tax imposed upon the transfer of each estate is equal to the maximum tax credit allowable for state death taxes against the federal estate tax imposed with respect to the portion of the decedent's estate having a taxable situs in this state. It is the purpose and intent of th…

The personal representative or domiciliary foreign personal representative of the estate of any decedent who died prior to January 1, 2005, and whose estate is required to file a United States estate tax return shall file a duplicate of the United States estate tax return with th…

(1) (a) The department of revenue shall enter an order determining the state estate tax and the amount due and payable. (b) Any person with an interest aggrieved by the department's determination may appeal the determination to district court. (2) The department shall adopt rules…

Administrators, executors, trustees, and grantees under a conveyance made during the grantor's life and taxable hereunder shall be liable for such taxes with interest until the same have been paid.

(1) The estate tax is payable to the department of revenue. (2) If the tax is not paid within 18 months of the death of the decedent, interest must be charged and collected at the rate of 10% a year from the time that the tax accrued, unless because of claims made upon the estate…

The district court of the county in which such estate is being probated may, for cause shown, extend the time of payment of said tax whenever the circumstances of the case require.

Said taxes and interest shall be and remain a lien on the property for a period of 10 years from the date of death, unless sooner paid.

The tax imposed by this part must be collected by the department of revenue for deposit with the state treasurer.

This chapter may be cited as the "Revised Uniform Anatomical Gift Act".

As used in this chapter, the following definitions apply: (1) "Adult" means an individual who is at least 18 years of age. (2) "Agent" means an individual: (a) authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or (b) expres…

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

(1) The legislature finds that the use of anatomical gifts, including the donation of organs or tissue, for the purpose of transplantation is of great interest to the citizens of Montana and may save or prolong the life or improve the health of extremely ill and dying persons. Th…

(1) The department of justice shall electronically transfer to the federally designated organ procurement organization all information that appears on the front of a driver's license, including the name, gender, as provided in 1-1-209, date of birth, and most recent address of an…