Montana Code Annotated

Mont. Code Ann. § 72-1-101 (2026)

Short Title -- Purpose

✓ current as of May 2026

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TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 1. UNIFORM PROBATE CODE GENERAL PROVISIONS

Part 1. Short Title, Definitions, Construction, and General Provisions

Short Title -- Purpose

72-1-101. Short title -- purpose. (1) Chapters 1 through 5 and chapter 16, part 6, shall be known and may be cited as the "Uniform Probate Code".

(2) (a) This code shall be liberally construed and applied to promote its underlying purposes and policies.

(b) The underlying purposes and policies of this code are to:

(i) simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors, and incapacitated persons;

(ii) discover and make effective the intent of a decedent in distribution of the decedent's property;

(iii) promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to the decedent's successors;

(iv) facilitate use and enforcement of certain trusts; and

(v) make uniform the law among the various jurisdictions.

History: (1)En. 91A-1-101 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-1-101; (2)En. Sec. 1, Ch. 313, L. 2019.

Notes of Decisions

Cited in 13 cases (7 in the last 5 years), 2002–2026 · leading case: Northland Royalty Corp. v. Engel Et, 2014 MT 295 (Mont. 2014).

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Northland Royalty Corp. v. Engel Et, 2014 MT 295 (Mont. 2014). · cites it 3× “If a personal representative improperly exercises his or her power in administering an estate, the personal representative is liable to the estate’s beneficiaries. Section 72-3-616(1), MCA. Thus, under that provision of the UPC, if a personal representative improperly disposes…”

In the Matter of the Est. of Johnson, 2002 MT 341 (Mont. 2002). · cites it 2× “¶2 We address the following issue on appeal: ¶3 Did the District Court err in its application of the Uniform Probate Code, § 72-1-101, et seq., to the holographic document executed by Earl Johnson? BACKGROUND ¶4 Earl Johnson died testate and was survived by two sons, Roger and…”

In Re the Est. of Erickson, 2017 MT 260 (Mont. 2017). · cites it 2× “” Montana adopted the Uniform Probate Code (UPC) in 1947 as codified in § 72-1-101, MCA, et seq. (formerly R.C.M.”

Est. of G. Williams, 2023 MT 72 (Mont. 2023). · cites it 6× “]” Section 72-1-101(2)(b)(ii), MCA. Ultimately, “Montana courts are guided by the bedrock principle of honoring the intent of the testator.”

Engellant v. Engellant, 2017 MT 100 (Mont. 2017). · cites it 2× “¶10 Sections 72-1-103(25) and 72-5-413, MCA, appear in the Uniform Probate Code (UPC), § 72-1-101, MCA, etseq., which uses some variant of the term “interested person” in a number of contexts.”

Matter of the Est. of Gregory Eng, 2017 MT 100 (Mont. 2017). · cites it 2× “¶10 Sections 72-1-103(25) and 72-5-413, MCA, appear in the Uniform Probate Code (UPC), § 72-1-101, MCA, et seq., which uses some variant of the term “interested person” in a number of contexts.”

Matter of H.D.K., 2021 MT 254 (Mont. 2021). · cites it 3× “Section 72-1-101(2)(b)(i), MCA. The UPC’s general provisions, applicable to all UPC proceedings, broadly provide the following permitted pleadings: (a) an application, petition, report, or account filed pursuant to this title; and (b) an objection or response filed 12 pursuant…”

Est. of Kemmer, 2023 MT 234 (Mont. 2023). · cites it 3× “Section 72-3-915(1), MCA, provides that: Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent or under the laws of intestacy…”

Est. of H. Burns, 2023 MT 253 (Mont. 2023). · cites it 3× “Section 72-1-101(1), MCA. Except where the MUPC explicitly provides otherwise, the Montana Rules of Civil Procedure govern probate actions in Montana.”

Est. of Elliot, 2025 MT 149 (Mont. 2025). · cites it 3× “” Section 72-1-101(2)(b)(ii), MCA (emphasis added).”

Est. of Afrank, 2012 MT 289 (Mont. 2012). “It pre-dates Montana’s adoption of the Uniform Probate Code in 1975 (see §§ 72-1-101 and -107, MCA) and pre-dates the adoption of § 72-2-617, MCA.”

Est. of Dower (Mont. 2021). · cites it 2× “§72-1-101(2)(b)(ii), MCA. Estate of Dower — Order on Cross Motions for Summary Judgment - 9 Section 72-6-112(2), MCA, which is not part of the UPC, provides that, "Except at otherwise provided by statute, a transferee of a nonprobate transfer is subject to liability to any…”

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— Mont. Code Ann. § 72-1-101(1) — 2 cases

Est. of Kemmer, 2023 MT 234 (Mont. 2023). “Section 72-3-915(1), MCA, provides that: Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent or under the laws of intestacy…”

Est. of H. Burns, 2023 MT 253 (Mont. 2023). “Section 72-1-101(1), MCA. Except where the MUPC explicitly provides otherwise, the Montana Rules of Civil Procedure govern probate actions in Montana.”

— Mont. Code Ann. § 72-1-101(2)(a) — 1 case

Est. of G. Williams, 2023 MT 72 (Mont. 2023). “]” Section 72-1-101(2)(b)(ii), MCA. Ultimately, “Montana courts are guided by the bedrock principle of honoring the intent of the testator.”

— Mont. Code Ann. § 72-1-101(2)(b)(i) — 1 case

Matter of H.D.K., 2021 MT 254 (Mont. 2021). “Section 72-1-101(2)(b)(i), MCA. The UPC’s general provisions, applicable to all UPC proceedings, broadly provide the following permitted pleadings: (a) an application, petition, report, or account filed pursuant to this title; and (b) an objection or response filed 12 pursuant…”

— Mont. Code Ann. § 72-1-101(2)(b)(ii) — 3 cases

Est. of G. Williams, 2023 MT 72 (Mont. 2023). “]” Section 72-1-101(2)(b)(ii), MCA. Ultimately, “Montana courts are guided by the bedrock principle of honoring the intent of the testator.”

Est. of Elliot, 2025 MT 149 (Mont. 2025). “” Section 72-1-101(2)(b)(ii), MCA (emphasis added).”

Est. of Dower (Mont. 2021). “§72-1-101(2)(b)(ii), MCA. Estate of Dower — Order on Cross Motions for Summary Judgment - 9 Section 72-6-112(2), MCA, which is not part of the UPC, provides that, "Except at otherwise provided by statute, a transferee of a nonprobate transfer is subject to liability to any…”

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