Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION · Part 8. Creditors' Claims
Montana Code Annotated

Mont. Code Ann. § 72-3-802 (2026)

Statutes Of Limitations -- Waiver -- Suspension

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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 3
  4. Part 8
  5. 72-3-802 Statutes of limitations -- waiver -- suspension

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

Part 8. Creditors' Claims

Statutes Of Limitations -- Waiver -- Suspension

72-3-802. Statutes of limitations -- waiver -- suspension. (1) Unless an estate is insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid.

(2) The running of any statute of limitations measured from some other event than death or the giving of notice to creditors is suspended during the 4 months following the decedent's death but resumes thereafter as to claims not barred pursuant to the sections which follow.

(3) For purposes of any statute of limitations, the proper presentation of a claim under 72-3-804 is equivalent to commencement of a proceeding on the claim.

History: En. 91A-3-802 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-802; amd. Sec. 2, Ch. 500, L. 1989.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1986–2025 · leading case: Est. of Eddleman, 2025 MT 35, 564 P.3d 426.
Sort: Relevance Newest Treatment
Est. of Eddleman, 2025 MT 35, 564 P.3d 426. · cites it 16× “Section 72-3-802, MCA, Annotations, Off. Cmt.”
Bozeman Deaconess Hosp. v. Est. of Rosenberg, 731 P.2d 1305 (Mont. 1987). · cites it 3× “Section 72-3-802, MCA, does allow the personal representative to waive the limit with the consent of all successors.”
Cox v. Rocky Mtn. Bank, 2003 MT 173N. · cites it 2× “¶7 With regard to the Estate, Cox points out it made its voluntary appearance within five months of being named as a defendant in the lawsuit.”
Est. of McDowell v. Comm'r, 51 T.C.M. 319 (Tax Ct. 1986). “Successors are defined as "those persons, other than creditors, who are entitled to the property of a decedent under his will or this code.”
Mont. Code Ann. § 72-3-802(1): 1 case
Est. of Eddleman, 2025 MT 35, 564 P.3d 426. “Section 72-3-802, MCA, Annotations, Off. Cmt.”
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.