Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION · Part 5. Personal Representative Appointment Priorities, Bond, and Termination
Montana Code Annotated

Mont. Code Ann. § 72-3-501 (2026)

Who May Not Be Personal Representative

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 3
  4. Part 5
  5. 72-3-501 Who may not be personal representative

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

Part 5. Personal Representative Appointment Priorities, Bond, and Termination

Who May Not Be Personal Representative

72-3-501. Who may not be personal representative. No person is qualified to serve as a personal representative who is:

(1) under the age of 18;

(2) a person whom the court finds unsuitable in formal proceedings.

History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(6).

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2008–2023 · leading case: Runstrom v. Allen, 2008 MT 281, 191 P.3d 410.
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Runstrom v. Allen, 2008 MT 281, 191 P.3d 410. · cites it 12× “See § 72-3-501(1), MCA. ¶20 After Richard’s death, Ed—as the personal representative of Richard’s estate—was the “person entitled to bring” the survival claim.”
In Re the Est. of Bennett, 2013 MT 228, 312 P.3d 400. · cites it 18× “” The District Court determined that Jeremiah’s two minor children are the sole heirs of his intestate estate under § 72-2-113(a), MCA.”
Barbara Stine Trivett, Adm'x of the Est. of Jasper Trivett v. Summers Cnty. Comm'n d/b/a Summers Cnty. Off. of Emergency Mgmt. & Carmen Cales, No. 22-0202 (W. Va. Nov. 8, 2023). “See § 72-3-501(1), MCA. Based on the plain language of § 27-2-401(1), MCA, we conclude minority tolling does not apply to the time after Richard’s death, when Ed – not Richard – was the ‘person entitled to bring’ the survival action.”
Mont. Code Ann. § 72-3-501(1): 3 cases
Runstrom v. Allen, 2008 MT 281, 191 P.3d 410. “See § 72-3-501(1), MCA. ¶20 After Richard’s death, Ed—as the personal representative of Richard’s estate—was the “person entitled to bring” the survival claim.”
In Re the Est. of Bennett, 2013 MT 228, 312 P.3d 400. “” The District Court determined that Jeremiah’s two minor children are the sole heirs of his intestate estate under § 72-2-113(a), MCA.”
Barbara Stine Trivett, Adm'x of the Est. of Jasper Trivett v. Summers Cnty. Comm'n d/b/a Summers Cnty. Off. of Emergency Mgmt. & Carmen Cales, No. 22-0202 (W. Va. Nov. 8, 2023). “See § 72-3-501(1), MCA. Based on the plain language of § 27-2-401(1), MCA, we conclude minority tolling does not apply to the time after Richard’s death, when Ed – not Richard – was the ‘person entitled to bring’ the survival action.”
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