Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION · Part 10. Closing Estates
Montana Code Annotated

Mont. Code Ann. § 72-3-1001 (2026)

Formal Proceedings Terminating Administration -- Testate Or Intestate -- Order Of Complete Settlement

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 3
  4. Part 10
  5. 72-3-1001 Formal proceedings terminating administration -- testate or intestate -- order of complete settlement

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

Part 10. Closing Estates

Formal Proceedings Terminating Administration -- Testate Or Intestate -- Order Of Complete Settlement

72-3-1001. Formal proceedings terminating administration -- testate or intestate -- order of complete settlement. (1) A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time, and any other interested person may petition after 1 year from the appointment of the original personal representative, except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired.

(2) The petition may request the court to determine testacy, if not previously determined, to consider the final account or compel or approve an accounting and distribution, to construe any will or determine heirs, and to adjudicate the final settlement and distribution of the estate.

(3) After notice to all interested persons and hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any interested person.

History: En. 91A-3-1001 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1001(1).

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1989–2024 · leading case: Matter of Est. of Garland, 928 P.2d 928 (Mont. 1996).
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Matter of Est. of Garland, 928 P.2d 928 (Mont. 1996). · cites it 12× “Anson petitioned for determination of testacy and heirs and for settlement and distribution of the Estate’s assets pursuant to § 72-3-1001(1) and (2), MCA. He also filed a final account which contained a proposed distribution of the Estate’s assets.”
In Re the Est. of Spencer, 2002 MT 304 (Mont. 2002). · cites it 5× “Because the petition addressed the validity of the Bank’s declaratory judgment action filed in response to the Estate’s disallowance of its claim, the Bank was entitled to notice of the hearing under § 72-3-805(3), MCA, which requires notice to be given to a claimant of a…”
In Re the Est. of Barber, 779 P.2d 477 (Mont. 1989). · cites it 6× “Section 72-3-1001, MCA, provides that in a formal proceedings (which includes supervised administration under § 72-3-406) the petition may request the court to consider the final accounting and approve the same.”
Wilson v. Stamper, 2024 MT 94N (Mont. 2024). · cites it 2× “From our review of the breach of fiduciary duty and negligence claims, they fall squarely under § 72-3-1001, MCA, as “the final settlement and distribution of the estate”2 such that the District Court correctly dismissed them for lack of subject matter jurisdiction.”
Mont. Code Ann. § 72-3-1001(1): 1 case
Matter of Est. of Garland, 928 P.2d 928 (Mont. 1996). “Anson petitioned for determination of testacy and heirs and for settlement and distribution of the Estate’s assets pursuant to § 72-3-1001(1) and (2), MCA. He also filed a final account which contained a proposed distribution of the Estate’s assets.”
Mont. Code Ann. § 72-3-1001(3): 1 case
Matter of Est. of Garland, 928 P.2d 928 (Mont. 1996). “Anson petitioned for determination of testacy and heirs and for settlement and distribution of the Estate’s assets pursuant to § 72-3-1001(1) and (2), MCA. He also filed a final account which contained a proposed distribution of the Estate’s assets.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.