Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION · Part 6. Personal Representative Powers, Duties, and Compensation
Montana Code Annotated

Mont. Code Ann. § 72-3-613 (2026)

Transactions Authorized For Personal Representative

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 3
  4. Part 6
  5. 72-3-613 Transactions authorized for personal representative

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

Part 6. Personal Representative Powers, Duties, and Compensation

Transactions Authorized For Personal Representative

72-3-613. Transactions authorized for personal representative. Except as restricted by this code or otherwise provided by the will or by an order in a formal proceeding and subject to the priorities stated in 72-3-901, a personal representative, acting reasonably for the benefit of the interested persons, may properly:

(1) retain assets owned by the decedent pending distribution or liquidation, including those in which the representative is personally interested or which are otherwise improper for trust investment;

(2) receive assets from fiduciaries or other sources;

(3) perform, compromise, or refuse performance of the decedent's contracts that continue as obligations of the estate, as the personal representative may determine under the circumstances. In performing enforceable contracts by the decedent to convey or lease land, the personal representative, among other possible courses of action, may:

(a) execute and deliver a deed of conveyance for cash payment of all sums remaining due or the purchaser's note for the sum remaining due secured by a mortgage or deed of trust on the land; or

(b) deliver a deed in escrow with directions that the proceeds, when paid in accordance with the escrow agreement, be paid to the successors of the decedent, as designated in the escrow agreement;

(4) satisfy written charitable pledges of the decedent irrespective of whether the pledges constituted binding obligations of the decedent or were properly presented as claims, if in the judgment of the personal representative the decedent would have wanted the pledges completed under the circumstances;

(5) if funds are not needed to meet debts and expenses currently payable and are not immediately distributable, deposit or invest liquid assets of the estate, including money received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable secured loan arrangements, or other prudent investments that would be reasonable for use by trustees generally. If the personal representative is authorized to invest funds in United States obligations, the personal representative may invest in these obligations either directly or in the form of securities of or other interests in an open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 through 80a-64), as amended, if:

(a) the portfolio of the investment company or investment trust is limited to United States government obligations and repurchase agreements fully collateralized by United States government obligations; and

(b) the investment company or investment trust takes delivery of the collateral for any repurchase agreement, either directly or through an authorized custodian.

(6) acquire or dispose of an asset, including land in this or another state, for cash or on credit, at public or private sale and manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset;

(7) make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, raze existing or erect new party walls or buildings;

(8) subdivide, develop, or dedicate land to public use; make or obtain the vacation of plats and adjust boundaries; adjust differences in valuation on exchange or partition by giving or receiving considerations; or dedicate easements to public use without consideration;

(9) enter for any purpose into a lease as lessor or lessee, with or without option to purchase or renew, for a term within or extending beyond the period of administration;

(10) enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement;

(11) abandon property when in the opinion of the personal representative it is valueless or is so encumbered or is in condition that it is of no benefit to the estate;

(12) vote stocks or other securities in person or by general or limited proxy;

(13) pay calls, assessments, and other sums chargeable or accruing against or on account of securities, unless barred by the provisions relating to claims;

(14) hold a security in the name of a nominee or in other form without disclosure of the interest of the estate, but the personal representative is liable for any act of the nominee in connection with the security so held;

(15) insure the assets of the estate against damage, loss, and liability and the personal representative against liability as to third persons;

(16) borrow money with or without security to be repaid from the estate assets or otherwise and advance money for the protection of the estate;

(17) effect a fair and reasonable compromise with any debtor or obligor or extend, renew, or in any manner modify the terms of any obligation owing to the estate. If the personal representative holds a mortgage, pledge, or other lien upon property of another person, the personal representative may, in lieu of foreclosure, accept a conveyance or transfer of encumbered assets from the owner thereof in satisfaction of the indebtedness secured by lien.

(18) pay taxes, assessments, compensation of the personal representative, and other expenses incident to the administration of the estate;

(19) sell or exercise stock subscription or conversion rights; consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise;

(20) allocate items of income or expense to either estate income or principal, as permitted or provided by law;

(21) employ persons, including attorneys, auditors, investment advisors, or agents, even if they are associated with the personal representative, to advise or assist the personal representative in the performance of the personal representative's administrative duties; act without independent investigation upon their recommendations; and, instead of acting personally, employ one or more agents to perform any act of administration, whether or not discretionary;

(22) prosecute or defend claims or proceedings in any jurisdiction for the protection of the estate and of the personal representative in the performance of the personal representative's duties;

(23) sell, mortgage, or lease any real or personal property of the estate or any interest therein for cash, credit, or for part cash and part credit and with or without security for unpaid balances;

(24) continue any unincorporated business or venture in which the decedent was engaged at the time of death in the same business form, including a sole proprietorship, partnership, or limited liability company, unless otherwise ordered by the court in a formal proceeding initiated by an interested person on the basis that continuation of the business is not in the best interests of the estate or its beneficiaries;

(25) incorporate any business or venture in which the decedent was engaged at the time of death;

(26) satisfy and settle claims and distribute the estate as provided in this code.

History: En. 91A-3-713 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-713; amd. Sec. 1, Ch. 145, L. 1989; amd. Sec. 5, Ch. 290, L. 1999; amd. Sec. 71, Ch. 313, L. 2019.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1979–2025 · leading case: In Re the Est. of McMurchie, 2004 MT 98 (Mont. 2004).
Sort: Relevance Newest Treatment
In Re the Est. of McMurchie, 2004 MT 98 (Mont. 2004). · cites it 8× “Only if David had determined that it was necessary for him to take possession of the house for administration purposes would he, as personal representative, have been obligated to manage, improve, repair, insure, or pay taxes on the property pursuant to § 72-3-613, MCA. David,…”
State v. Benn, 2012 MT 33 (Mont. 2012). · cites it 2× “While we cannot anticipate the scope of those interests, in the ordinary course the defendant’s personal representative would be authorized to act on the defendant’s behalf pursuant to § 72-3-613(22), MCA (a personal representative is authorized to “prosecute or defend claims or…”
In Matter of Est. of Magelssen, 597 P.2d 90 (Mont. 1979). · cites it 3× “1947, now section 72-3-613(21) MCA, specifically authorizes the personal representative to employ, and therefore to contract for, the services of an attorney.”
Baker v. Berger, 873 P.2d 940 (Mont. 1994). · cites it 3× “Section 72-3-613(3)(a), MCA. As personal representative to the estate of Laura Perrine, the 1960 agreement was enforceable against appellant, who was both authorized and obligated to convey Laura’s interest in the property to respondent, as the last surviving cotenant.”
In Re the Est. of Barber, 779 P.2d 477 (Mont. 1989). · cites it 2× “As the personal representative in brief points out, under § 72-3-613(18), MCA, the personal representative has the power to pay her own compensation and other expenses incident to the administration of the estate; under Subsection (26) of the same statute, the personal…”
State Ex Rel. Palmer v. Dist. CT., ETC., 619 P.2d 1201 (Mont. 1980). · cites it 3× “It would appear that relator is hardly in a position to argue now against Iverson's ability to represent her. Additionally, the prosecution of claims for the benefit of the estate is a task delegated to the personal representative of an estate, section 72-3-613(22), MCA, 33 C.”
Est. of Elliot, 2025 MT 149 (Mont. 2025). · cites it 10× “The Special Administrator argues the Settlement Agreements represent compromises that are in the best interests of the Estate and all its beneficiaries. ¶22 A personal representative, acting reasonably for the benefit of the interested persons of an estate, may conduct certain…”
State ex rel. Palmer v. Dist. Court of Ninth Jud. Dist., 619 P.2d 1201 (Mont. 1980). · cites it 3× “Additionally, the prosecution of claims for the benefit of the estate is a task delegated to the personal representative of an estate, section 72-3-613(22), MCA, 33 C.J.S., Executors & Administrators § 100, and an heir does not have the right to pursue the action himself unless…”
Est. of Richard E. Paul, 2025 MT 86 (Mont. 2025). · cites it 5× “Finally, Shelbi argues the District Court’s approval of the sale on the ground of “the best interest of the estate” violates § 72-3-915, MCA, which authorizes distribution agreements among heirs, and applies here rather than the general estate administration provisions of §…”
Est. of Banderob, 1998 MT 117N (Mont. 1998). · cites it 3× “Section 72-3-613(23), MCA. However, to acquire the powers and undertake the duties and liabilities of a personal representative, a person must be appointed by order of the court or clerk, qualify and be issued letters.”
Schacher v. Cates, 2007 MT 134N (Mont. 2007). “See §§ 72-3-613 and 72-4-310, MCA. He did not, however, support his complaint with any claim that the Oregon court has determined the assets he seeks are part of the Estate.”
Mont. Code Ann. § 72-3-613(18): 1 case
In Re the Est. of Barber, 779 P.2d 477 (Mont. 1989). “As the personal representative in brief points out, under § 72-3-613(18), MCA, the personal representative has the power to pay her own compensation and other expenses incident to the administration of the estate; under Subsection (26) of the same statute, the personal…”
Mont. Code Ann. § 72-3-613(21): 2 cases
In Re the Est. of McMurchie, 2004 MT 98 (Mont. 2004). “Only if David had determined that it was necessary for him to take possession of the house for administration purposes would he, as personal representative, have been obligated to manage, improve, repair, insure, or pay taxes on the property pursuant to § 72-3-613, MCA. David,…”
In Matter of Est. of Magelssen, 597 P.2d 90 (Mont. 1979). “1947, now section 72-3-613(21) MCA, specifically authorizes the personal representative to employ, and therefore to contract for, the services of an attorney.”
Mont. Code Ann. § 72-3-613(22): 5 cases
State v. Benn, 2012 MT 33 (Mont. 2012). “While we cannot anticipate the scope of those interests, in the ordinary course the defendant’s personal representative would be authorized to act on the defendant’s behalf pursuant to § 72-3-613(22), MCA (a personal representative is authorized to “prosecute or defend claims or…”
In Re the Est. of McMurchie, 2004 MT 98 (Mont. 2004). “Only if David had determined that it was necessary for him to take possession of the house for administration purposes would he, as personal representative, have been obligated to manage, improve, repair, insure, or pay taxes on the property pursuant to § 72-3-613, MCA. David,…”
State Ex Rel. Palmer v. Dist. CT., ETC., 619 P.2d 1201 (Mont. 1980). “It would appear that relator is hardly in a position to argue now against Iverson's ability to represent her. Additionally, the prosecution of claims for the benefit of the estate is a task delegated to the personal representative of an estate, section 72-3-613(22), MCA, 33 C.”
State ex rel. Palmer v. Dist. Court of Ninth Jud. Dist., 619 P.2d 1201 (Mont. 1980). “Additionally, the prosecution of claims for the benefit of the estate is a task delegated to the personal representative of an estate, section 72-3-613(22), MCA, 33 C.J.S., Executors & Administrators § 100, and an heir does not have the right to pursue the action himself unless…”
Est. of Elliot, 2025 MT 149 (Mont. 2025). “The Special Administrator argues the Settlement Agreements represent compromises that are in the best interests of the Estate and all its beneficiaries. ¶22 A personal representative, acting reasonably for the benefit of the interested persons of an estate, may conduct certain…”
Mont. Code Ann. § 72-3-613(23): 2 cases
Est. of Richard E. Paul, 2025 MT 86 (Mont. 2025). “Finally, Shelbi argues the District Court’s approval of the sale on the ground of “the best interest of the estate” violates § 72-3-915, MCA, which authorizes distribution agreements among heirs, and applies here rather than the general estate administration provisions of §…”
Est. of Banderob, 1998 MT 117N (Mont. 1998). “Section 72-3-613(23), MCA. However, to acquire the powers and undertake the duties and liabilities of a personal representative, a person must be appointed by order of the court or clerk, qualify and be issued letters.”
Mont. Code Ann. § 72-3-613(3)(a): 1 case
Baker v. Berger, 873 P.2d 940 (Mont. 1994). “Section 72-3-613(3)(a), MCA. As personal representative to the estate of Laura Perrine, the 1960 agreement was enforceable against appellant, who was both authorized and obligated to convey Laura’s interest in the property to respondent, as the last surviving cotenant.”
Mont. Code Ann. § 72-3-613(6): 1 case
Est. of Elliot, 2025 MT 149 (Mont. 2025). “The Special Administrator argues the Settlement Agreements represent compromises that are in the best interests of the Estate and all its beneficiaries. ¶22 A personal representative, acting reasonably for the benefit of the interested persons of an estate, may conduct certain…”
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.