Montana Code Annotated

Mont. Code Ann. § 37-19-903 (2026)

Prepaid Funeral Arrangements -- Disposition Directions -- Definition

✓ current as of May 2026

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TITLE 37. PROFESSIONS AND OCCUPATIONS

CHAPTER 19. MORTICIANS AND FUNERAL SERVICES

Part 9. Right of Disposition of Remains

Prepaid Funeral Arrangements -- Disposition Directions -- Definition

37-19-903. Prepaid funeral arrangements -- disposition directions -- definition. (1) A person who is 18 years of age or older and of sound mind, by entering into a prepaid funeral contract with any mortuary licensed under Title 37, chapter 19, part 4, or by providing disposition directions may direct the location, manner, and conditions of disposition of the person's remains and the arrangements for funeral goods and services to be provided upon the person's death.

(2) The funeral prearrangements that are prepaid and contracted for with a licensed mortuary or the disposition directions may not be canceled or substantially revised unless the cancellation or substantial revision has been ordered by a person appointed by the decedent in the prepaid funeral contract or the disposition directions as the person authorized to cancel or revise the terms of the prepaid funeral contract or the disposition directions.

(3) As used in this section, the term "disposition directions" means:

(a) a video provided in a replayable format of the person who is the subject of the disposition directions in which the person describes the wishes for disposition and that is accompanied by a written attestation of the video accuracy by two witnesses who are at least 18 years of age; or

(b) a legible written instrument signed by the person who is the subject of the disposition directions and by two people who are at least 18 years of age who have witnessed the signing by the person. The written instrument may be but is not limited to a letter of instructions, a will, a trust document, or advance directives. A written instrument that does not name a person with the right to control the decedent's disposition must follow the priority of rights of disposition provided in 37-19-904.

History: En. Sec. 3, Ch. 208, L. 2009.

Notes of Decisions

Cited in 2 cases, 2012–2013 · leading case: In the Matter of the Est. of Mary Florence Whalen, Michael Whalen, 827 N.W.2d 184 (Iowa 2013).

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In the Matter of the Est. of Mary Florence Whalen, Michael Whalen, 827 N.W.2d 184 (Iowa 2013). · cites it 2× “See Mont. Code Ann. § 37-19-903 (3)(b) (West, Westlaw through all 2011 laws, 2011 Code Commissioner changes, and 2010 ballot measures) (permitting persons to provide “disposition directions,” which may be “a letter of instructions, a will, a trust document, or advance…”

Scottrade, Inc. v. Davenport, 873 F. Supp. 2d 1306 (D. Mont. 2012). “The exception of Chapter 19 of Title 39 that is relevant here is § 37-19-903, which provides that persons “18 years of age or older and of sound mind, by entering into a prepaid funeral contract with any mortuary .”

— Mont. Code Ann. § 37-19-903(3)(b) — 1 case

In the Matter of the Est. of Mary Florence Whalen, Michael Whalen, 827 N.W.2d 184 (Iowa 2013). “See Mont. Code Ann. § 37-19-903 (3)(b) (West, Westlaw through all 2011 laws, 2011 Code Commissioner changes, and 2010 ballot measures) (permitting persons to provide “disposition directions,” which may be “a letter of instructions, a will, a trust document, or advance…”

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