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. § 72-3-502 (2026)

Priorities For Appointment

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 3
  4. Part 5
  5. 72-3-502 Priorities for appointment

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

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

Priorities For Appointment

72-3-502. Priorities for appointment. Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order:

(1) the person with priority as determined by a probated will, including a person nominated by a power conferred in a will;

(2) the surviving spouse of the decedent who is a devisee of the decedent;

(3) the custodial parent of a minor decedent;

(4) other devisees of the decedent;

(5) the surviving spouse of the decedent;

(6) the parent of an adult decedent who was survived by issue, none of whom is an adult;

(7) other heirs of the decedent;

(8) public administrator;

(9) 45 days after the death of the decedent, any creditor.

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(1); amd. Sec. 1, Ch. 219, L. 1989; amd. Sec. 66, Ch. 313, L. 2019.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1982–2024 · leading case: In Re Est. of Goick, 909 P.2d 1165 (Mont. 1996).
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In Re Est. of Goick, 909 P.2d 1165 (Mont. 1996). · cites it 9× “See § 72-3-502, MCA. Section 72-3-503, MCA, provides that creditors can object to the appointment of a PR.”
Matter of Est. of Peterson, 874 P.2d 1230 (Mont. 1994). · cites it 6× “Section 72-3-527, MCA, provides that parts 2 and 3 of Chapter 72 govern proceedings for appointment of a successor personal representative to succeed one whose appointment is terminated; thus, § 72-3-502, MCA, governs here and provides as follows: 72-3-502.”
In Re the Est. of Bennett, 2013 MT 228 (Mont. 2013). · cites it 25× “The District Court determined that the first five priorities for appointment as PR under § 72-3-502, MCA, were inapplicable, and that the first applicable category was “other heirs of the decedent.”
Missoula Ywca v. Bard, 1999 MT 177 (Mont. 1999). · cites it 4× “Specifically, he notes that (1) § 40-4-110, MCA, authorizes an award in a dissolution action; (2) § 72-3-502, MCA, allows a creditor to be appointed personal representative of an estate; and (3) § 72-6-215, MCA, allows a creditor the right to seek compensation from joint tenancy…”
In Re the Est. of McMurchie, 2004 MT 98 (Mont. 2004). · cites it 2× “In August 2002, David petitioned the District Court to approve the accounting and proposed distribution of Dorothy’s estate.”
Stoican v. Wagner, 2015 MT 54 (Mont. 2015). · cites it 8× “Section 72-3-502, MCA, states that priority is first given to persons nominated by a probated will.”
Balyeat Collection Professionals v. Garland, 2002 MT 167 (Mont. 2002). · cites it 6× “" There is nothing in that statutory framework that precludes an abandoned or separated spouse from acting as personal representative in the deceased spouse's estate.”
In Re the Est. of Farnum, 730 P.2d 391 (Mont. 1986). · cites it 3× “under Section 72-3-502(5), MCA. Based on the evidence presented, it found Vernon Farnum unsuitable for appointment as P.”
Stoican v. Wagner, 2015 MT 54 (Mont. 2015). · cites it 4× “Section 72-3-502, MCA, states that priority is first given to persons nominated by a probated will.”
Stoican v. Wagner, 2015 MT 54 (Mont. 2015). · cites it 4× “Section 72-3-502, MCA, states that priority is first given to persons nominated by a probated will.”
Stoican v. Wagner, 2015 MT 54 (Mont. 2015). · cites it 4× “Section 72-3-502, MCA, states that priority is first given to persons nominated by a probated will.”
Est. of Kurth, 2017 MT 288N (Mont. 2017). · cites it 2× “Pursuant to § 72-3-502(6), MCA, heirs of a decedent have priority in being appointed as personal representative of an estate.”
Show all 15 citing cases →
— Mont. Code Ann. § 72-3-502(1) — 4 cases
Stoican v. Wagner, 2015 MT 54 (Mont. 2015). “Section 72-3-502, MCA, states that priority is first given to persons nominated by a probated will.”
Stoican v. Wagner, 2015 MT 54 (Mont. 2015). “Section 72-3-502, MCA, states that priority is first given to persons nominated by a probated will.”
Stoican v. Wagner, 2015 MT 54 (Mont. 2015). “Section 72-3-502, MCA, states that priority is first given to persons nominated by a probated will.”
Stoican v. Wagner, 2015 MT 54 (Mont. 2015). “Section 72-3-502, MCA, states that priority is first given to persons nominated by a probated will.”
— Mont. Code Ann. § 72-3-502(2) — 1 case
In Re the Est. of Bennett, 2013 MT 228 (Mont. 2013). “The District Court determined that the first five priorities for appointment as PR under § 72-3-502, MCA, were inapplicable, and that the first applicable category was “other heirs of the decedent.”
— Mont. Code Ann. § 72-3-502(5) — 1 case
In Re the Est. of Farnum, 730 P.2d 391 (Mont. 1986). “under Section 72-3-502(5), MCA. Based on the evidence presented, it found Vernon Farnum unsuitable for appointment as P.”
— Mont. Code Ann. § 72-3-502(6) — 2 cases
In Re the Est. of Bennett, 2013 MT 228 (Mont. 2013). “The District Court determined that the first five priorities for appointment as PR under § 72-3-502, MCA, were inapplicable, and that the first applicable category was “other heirs of the decedent.”
Est. of Kurth, 2017 MT 288N (Mont. 2017). “Pursuant to § 72-3-502(6), MCA, heirs of a decedent have priority in being appointed as personal representative of an estate.”
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