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. § 72-3-804 (2026)

Manner Of Presentation Of Claims

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 3
  4. Part 8
  5. 72-3-804 Manner of presentation of claims

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

Part 8. Creditors' Claims

Manner Of Presentation Of Claims

72-3-804. Manner of presentation of claims. Claims against a decedent's estate may be presented as follows:

(1) The claimant shall mail to the personal representative return receipt requested a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed or may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court. The claim is considered presented on the first to occur of receipt of the written statement of claim by the personal representative or the filing of the claim with the court. If a claim is not yet due, the date when it will become due must be stated. If the claim is contingent or unliquidated, the nature of the uncertainty must be stated. If the claim is secured, the security must be described. Failure to describe correctly the security, the nature of any uncertainty, and the due date of a claim not yet due does not invalidate the presentation made.

(2) The claimant may commence a proceeding against the personal representative, in any court where the personal representative may be subjected to jurisdiction, to obtain payment of the claim against the estate, but the commencement of the proceeding must occur within the time limited for presenting the claim. A presentation of claim is not required in regard to matters claimed in proceedings against the decedent that were pending at the time of death.

(3) If a claim is presented under subsection (1), a proceeding on the claim may not be commenced more than 60 days after the personal representative has mailed a notice of disallowance, but in the case of a claim that is not presently due or that is contingent or unliquidated, the personal representative may consent to an extension of the 60-day period or, to avoid injustice, the court, on petition, may order an extension of the 60-day period, but the extension may not run beyond the applicable statute of limitations.

History: En. 91A-3-804 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-804; amd. Sec. 2367, Ch. 56, L. 2009.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1981–2025 · leading case: Trs. of Washington — Idaho — Montana Carpenters — Employers Ret. Trust Fund v. Galleria P'ship, 780 P.2d 608 (Mont. 1989).
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Trs. of Washington — Idaho — Montana Carpenters — Employers Ret. Trust Fund v. Galleria P'ship, 780 P.2d 608 (Mont. 1989). · cites it 16× “Section 72-3-804, MCA, also provides that a claimant may commence a proceeding against a personal representative to obtain payment of claim against the estate, but the commencement of the proceeding must occur within the time limit for presenting the claim.”
Neumann v. Rogstad, 757 P.2d 761 (Mont. 1988). · cites it 12× “Section 72-3-804, MCA, is a reflection of this legislative design.”
Reese v. Reese, 637 P.2d 1183 (Mont. 1981). · cites it 9× “It provides alternative methods of presentation of such claims: (1) mailing a written statement of the claim to the personal representative, (2) filing a written statement of the claim with the court, or (3) commencing a proceeding against the personal representative within.”
State v. Flanagan, 2003 MT 123 (Mont. 2003). · cites it 4× “Moreover, in an ordinary probate proceeding, a creditor of the estate may submit a claim pursuant to § 72-3-804, MCA. We are aware of no authority for a claim for restitution to take precedence over the claims of other creditors of an estate.”
Est. of Eddleman, 2025 MT 35 (Mont. 2025). · cites it 17× “Section 72-3-804(1), MCA. ¶13 If a PR disallows all or part of a claim, creditors then have 60 days after receiving notice of disallowance, “if the notice warns the claimant of the impending bar,” to petition for allowance of their claim(s), or to commence a proceeding against…”
In Re the Estates of McDaniel, 750 P.2d 1103 (Mont. 1988). · cites it 6× “This Court in Reese upheld Section 72-3-804(2), MCA, which provides: “(2) The claimant may commence a proceeding against the personal representative, in any court where the personal representative may be subjected to jurisdiction, to obtain payment of his claim against the…”
Wash.-Ida.-Mont. Ret. v. Gall (Mont. 1989). · cites it 6× “Section 72-3-804, MCA, also provides that a claimant may commence a proceeding against a personal representative to obtain payment of claim against the estate, but the commencement of the proceeding must occur within the time limit for presenting the claim.”
Est. of McDowell v. Comm'r, 51 T.C.M. 319 (Tax Ct. 1986). “The manner in which claims must be presented is prescribed by Mont. Code Ann. section 72-3-804 (1979). If the personal representative disallows a claim which is timely presented in accordance with Mont.”
— Mont. Code Ann. § 72-3-804(1) — 3 cases
Trs. of Washington — Idaho — Montana Carpenters — Employers Ret. Trust Fund v. Galleria P'ship, 780 P.2d 608 (Mont. 1989). “Section 72-3-804, MCA, also provides that a claimant may commence a proceeding against a personal representative to obtain payment of claim against the estate, but the commencement of the proceeding must occur within the time limit for presenting the claim.”
Est. of Eddleman, 2025 MT 35 (Mont. 2025). “Section 72-3-804(1), MCA. ¶13 If a PR disallows all or part of a claim, creditors then have 60 days after receiving notice of disallowance, “if the notice warns the claimant of the impending bar,” to petition for allowance of their claim(s), or to commence a proceeding against…”
Wash.-Ida.-Mont. Ret. v. Gall (Mont. 1989). “Section 72-3-804, MCA, also provides that a claimant may commence a proceeding against a personal representative to obtain payment of claim against the estate, but the commencement of the proceeding must occur within the time limit for presenting the claim.”
— Mont. Code Ann. § 72-3-804(2) — 2 cases
Reese v. Reese, 637 P.2d 1183 (Mont. 1981). “It provides alternative methods of presentation of such claims: (1) mailing a written statement of the claim to the personal representative, (2) filing a written statement of the claim with the court, or (3) commencing a proceeding against the personal representative within.”
In Re the Estates of McDaniel, 750 P.2d 1103 (Mont. 1988). “This Court in Reese upheld Section 72-3-804(2), MCA, which provides: “(2) The claimant may commence a proceeding against the personal representative, in any court where the personal representative may be subjected to jurisdiction, to obtain payment of his claim against the…”
— Mont. Code Ann. § 72-3-804(3) — 1 case
Est. of Eddleman, 2025 MT 35 (Mont. 2025). “Section 72-3-804(1), MCA. ¶13 If a PR disallows all or part of a claim, creditors then have 60 days after receiving notice of disallowance, “if the notice warns the claimant of the impending bar,” to petition for allowance of their claim(s), or to commence a proceeding against…”
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