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. § 72-3-503 (2026)

Objection To Appointment

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 3
  4. Part 5
  5. 72-3-503 Objection to appointment

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

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

Objection To Appointment

72-3-503. Objection to appointment. (1) An objection to an appointment can be made only in formal proceedings.

(2) In case of objection the priorities stated in 72-3-502 apply, except that:

(a) if the estate appears to be more than adequate to meet exemptions and costs of administration but inadequate to discharge anticipated unsecured claims, the court, on petition of creditors, may appoint any qualified person;

(b) in case of objection to appointment of a person other than one whose priority is determined by will by an heir or devisee appearing to have a substantial interest in the estate, the court may appoint a person who is acceptable to heirs and devisees whose interests in the estate appear to be worth in total more than half of the probable distributable value or, in default of this accord, any suitable person.

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(2).

Notes of Decisions
Cited in 4 cases, 1982–1996 · 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 3× “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 2× “Moreover, § 72-3-503(1), MCA, provides that an objection to the appointment of a personal representative can be made only in formal proceedings.”
In Re the Est. of Melvin, 862 P.2d 1159 (Mont. 1993). · cites it 2× “Nonetheless, we need not address this issue as § 72-3-503(1), MCA, provides that an objection to an appointment of a personal representative can be made only in formal proceedings.”
In Re the Est. of Karst, 650 P.2d 792 (Mont. 1982). · cites it 3× “The contentions are based upon section 72-3-503, MCA, which in pertinent part states: “Objection to appointment.”
— Mont. Code Ann. § 72-3-503(1) — 2 cases
Matter of Est. of Peterson, 874 P.2d 1230 (Mont. 1994). “Moreover, § 72-3-503(1), MCA, provides that an objection to the appointment of a personal representative can be made only in formal proceedings.”
In Re the Est. of Melvin, 862 P.2d 1159 (Mont. 1993). “Nonetheless, we need not address this issue as § 72-3-503(1), MCA, provides that an objection to an appointment of a personal representative can be made only in formal proceedings.”
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.