Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 2. STATUTES OF LIMITATIONS · Part 4. Circumstances Which Extend Period of Limitations
Montana Code Annotated

Mont. Code Ann. § 27-2-401 (2026)

When Person Entitled To Bring Action Is Under A Disability

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 2
  4. Part 4
  5. 27-2-401 When person entitled to bring action is under a disability

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 2. STATUTES OF LIMITATIONS

Part 4. Circumstances Which Extend Period of Limitations

When Person Entitled To Bring Action Is Under A Disability

27-2-401. When person entitled to bring action is under a disability. (1) If a person entitled to bring an action mentioned in part 2, except 27-2-211(3), is, at the time the cause of action accrues, either a minor or has been committed pursuant to 53-21-127, the time of the disability is not a part of the time limit for commencing the action. However, the time limit cannot be extended more than 5 years by the disability of commitment.

(2) If an action is barred by 27-2-304, any of the heirs, devisees, or creditors who at the time of the transaction upon which the action might have been founded were under one of the disabilities mentioned in subsection (1) may, within 5 years after the cessation of the disability, maintain an action to recover damages. In the action, the person may recover the sum or the value of the property that the person would have received upon the final distribution of the estate if an action had been commenced in a timely manner by the personal representative.

(3) A person may not claim a disability unless it existed when the right of action or entry accrued.

(4) When both disabilities referred to in subsection (1) coexist at the time that the right of action or entry accrues, the limitation does not attach until both are removed.

History: (1)En. Sec. 14, p. 468, Bannack Stat.; re-en. Sec. 12, p. 517, Cod. Stat. 1871; repealed Sec. 674, p. 215, L. 1877; re-en. Sec. 542, C. Civ. Proc. 1895; re-en. Sec. 6459, Rev. C. 1907; re-en. Sec. 9049, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 352; re-en. Sec. 9049, R.C.M. 1935; amd. Sec. 2, Ch. 220, L. 1977; Sec. 93-2703, R.C.M. 1947; (2)En. Sec. 545, C. Civ. Proc. 1895; re-en. Sec. 6462, Rev. C. 1907; re-en. Sec. 9052, R.C.M. 1921; re-en. Sec. 9052, R.C.M. 1935; Sec. 93-2706, R.C.M. 1947; (3)En. Sec. 19, p. 469, Bannack Stat.; re-en. Sec. 17, p. 518, Cod. Stat. 1871; rep. Sec. 674, p. 215, L. 1877; re-en. Sec. 549, C. Civ. Proc. 1895; re-en. Sec. 6466, Rev. C. 1907; re-en. Sec. 9056, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 357; re-en. Sec. 9056, R.C.M. 1935; Sec. 93-2710, R.C.M. 1947; (4)En. Sec. 20, p. 469, Bannack Stat.; re-en. Sec. 18, p. 518, Cod. Stat. 1871; rep. Sec. 674, p. 215, L. 1877; re-en. Sec. 550, C. Civ. Proc. 1895; re-en. Sec. 6467, Rev. C. 1907; re-en. Sec. 9057, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 358; re-en. Sec. 9057, R.C.M. 1935; Sec. 93-2711, R.C.M. 1947; R.C.M. 1947, 93-2703, 93-2706(part), 93-2710, 93-2711; amd. Sec. 23, Ch. 12, L. 1979; amd. Sec. 3, Ch. 441, L. 1987; amd. Sec. 1, Ch. 46, L. 1995; amd. Sec. 4, Ch. 490, L. 1997.

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1980–2024 · leading case: Runstrom v. Allen, 2008 MT 281 (Mont. 2008).
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Runstrom v. Allen, 2008 MT 281 (Mont. 2008). · cites it 81× “Before 1987, § 27-2-401, MCA, tolled this three-year statute of limitations for any minor until that minor reached the age of majority.”
Murphy for LC v. State, 748 P.2d 907 (Mont. 1987). · cites it 43× “These exceptions are delineated in Section 27-2-401, MCA (1985), which provides: “27-2-401.”
State v. Placzkiewicz, 2001 MT 254 (Mont. 2001). · cites it 14× “2d 781, 783-84 (holding that § 72-3-801, MCA, which requires that a claim against a decedent’s estate must be filed within four months from day of first publication of notice to creditors constitutes a special statute of limitations as to decedents, with respect to which there…”
Est. of Allen v. Allen, 843 P.2d 781 (Mont. 1992). · cites it 25× “Section 27-2-401, MCA, provides in part that: (1) If a person entitled to bring an action mentioned in part 2, except 27-2-211(3), is, at the time the cause of action accrues, either a minor, seriously mentally ill, or imprisoned on a criminal charge or under a sentence for a…”
Bestwina v. Vill. Bank, 767 P.2d 338 (Mont. 1989). · cites it 14× “Section 27-2-401, MCA, is the statute which allows tolling: (1) If a person entitled to bring an action .”
Smith v. Sturm, Ruger & Co., Inc., 643 P.2d 576 (Mont. 1982). · cites it 30× “However, the time so limited cannot be extended more than 5 years by any such disability except minority or, in any case, more than 1 year after the disability ceases.”
Mallak v. State, 2002 MT 35 (Mont. 2002). · cites it 4× “2d 622 ; and 3) whether the five-year statute of limitations for postconviction relief petitions was tolled by § 27-2-401, MCA. ¶ 32 Instead, in its well-intentioned effort to do the "right" thing for Mallak, the Court has fashioned an entirely new case on appeal, raised issues…”
Hardin v. Straub, 490 U.S. 536 (1989). “170 (1986); Mont. Code Ann. §27-2-401 (1987); Neb. Rev.”
Day v. Payne, 929 P.2d 864 (Mont. 1996). · cites it 2× “See § 27-2-401(1), MCA. Day reached the age of majority on April 23, 1978; the period of limitation expired on April 23, 1981.”
Anthony Booth v. United States, 914 F.3d 1199 (9th Cir. 2019). “§ 657-13 ; Idaho Code § 5-230 ; Mont. Code Ann. § 27-2-401 (1); Nev. Rev.”
Sutherland v. Hurin, 605 P.2d 1133 (Mont. 1980). · cites it 6× “It is from this determination that mother and child appeal, setting forth two issues for review: (1) Prior to the adoption of the Uniform Parentage Act, did section 27-2-401(1), MCA, apply to toll any statute of limitation baring an illegitimate minor’s right to bring a…”
Kortlander v. Cornell, 816 F. Supp. 2d 982 (D. Mont. 2011). · cites it 2× “In support, Plaintiffs cite § 27-2-401 of the Montana Code. But § 27-2-401 applies only to minors or persons committed due to mental disease and Plaintiffs provide no other authority that the statute of limitations for Bivens action should be tolled until the statute of…”
Show all 21 citing cases →
— Mont. Code Ann. § 27-2-401(1) — 9 cases
Runstrom v. Allen, 2008 MT 281 (Mont. 2008). “Before 1987, § 27-2-401, MCA, tolled this three-year statute of limitations for any minor until that minor reached the age of majority.”
State v. Placzkiewicz, 2001 MT 254 (Mont. 2001). “2d 781, 783-84 (holding that § 72-3-801, MCA, which requires that a claim against a decedent’s estate must be filed within four months from day of first publication of notice to creditors constitutes a special statute of limitations as to decedents, with respect to which there…”
Smith v. Sturm, Ruger & Co., Inc., 643 P.2d 576 (Mont. 1982). “However, the time so limited cannot be extended more than 5 years by any such disability except minority or, in any case, more than 1 year after the disability ceases.”
Day v. Payne, 929 P.2d 864 (Mont. 1996). “See § 27-2-401(1), MCA. Day reached the age of majority on April 23, 1978; the period of limitation expired on April 23, 1981.”
Murphy for LC v. State, 748 P.2d 907 (Mont. 1987). “These exceptions are delineated in Section 27-2-401, MCA (1985), which provides: “27-2-401.”
— Mont. Code Ann. § 27-2-401(2) — 1 case
Murphy for LC v. State, 748 P.2d 907 (Mont. 1987). “These exceptions are delineated in Section 27-2-401, MCA (1985), which provides: “27-2-401.”
— Mont. Code Ann. § 27-2-401(4) — 1 case
Murphy for LC v. State, 748 P.2d 907 (Mont. 1987). “These exceptions are delineated in Section 27-2-401, MCA (1985), which provides: “27-2-401.”
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