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. § 72-3-805 (2026)

Allowance And Disallowance Of Claims -- Interest On Allowed Claims

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 3
  4. Part 8
  5. 72-3-805 Allowance and disallowance of claims -- interest on allowed claims

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

Part 8. Creditors' Claims

Allowance And Disallowance Of Claims -- Interest On Allowed Claims

72-3-805. Allowance and disallowance of claims -- interest on allowed claims. (1) As to claims presented in the manner described in 72-3-804 within the time limit prescribed in 72-3-803, the personal representative may mail a notice to any claimant stating that the claim has been disallowed. If, after allowing or disallowing a claim, the personal representative changes the decision concerning the claim, the personal representative shall notify the claimant. The personal representative may not change a disallowance of a claim after the time for the claimant to file a petition for allowance or to commence a proceeding on the claim has run and the claim has been barred. A claim that is disallowed in whole or in part by the personal representative is barred so far as it is not allowed unless the claimant files a petition for allowance in the court or commences a proceeding against the personal representative not later than 60 days after the mailing of the notice of disallowance or partial allowance if the notice warns the claimant of the impending bar. Failure of the personal representative to mail notice to a claimant of action on the claimant's claim for 60 days after the time for original presentation of the claim has expired has the effect of a notice of allowance.

(2) After allowing or disallowing a claim, the personal representative may change the allowance or disallowance as provided in this section. The personal representative may change the allowance to a disallowance, in whole or in part, prior to payment, but not after allowance by a court order or judgment or an order directing payment of the claim. The personal representative shall notify the claimant of the change to disallowance, and the disallowed claim is then subject to bar as provided in subsection (1). The personal representative may change a disallowance to an allowance, in whole or in part, until it is barred under subsection (1). After it is barred, it may be allowed and paid only if the estate is solvent and all successors whose interests would be affected consent.

(3) Upon the petition of the personal representative or of a claimant in a proceeding for the purpose, the court may allow, in whole or in part, any claim or claims presented to the personal representative or filed with the clerk of the court in due time and not barred by subsection (1). Notice in this proceeding must be given to the claimant, the personal representative, and those other persons interested in the estate that the court may direct by order entered at the time the proceeding is commenced.

(4) A judgment in a proceeding in another court against a personal representative to enforce a claim against a decedent's estate is an allowance of the claim.

(5) Unless otherwise provided in a judgment in another court entered against the personal representative, an allowed claim bears interest at the legal rate for the period commencing 60 days after the time for original presentation of the claim has expired unless based on a contract making a provision for interest, in which case the claim bears interest in accordance with that provision.

History: En. 91A-3-806 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 7, Ch. 516, L. 1975; R.C.M. 1947, 91A-3-806; amd. Sec. 13, Ch. 582, L. 1989; amd. Sec. 2368, Ch. 56, L. 2009.

Notes of Decisions
Cited in 7 cases, 1981–2002 · leading case: In Re the Est. of Spencer, 2002 MT 304 (Mont. 2002).
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In Re the Est. of Spencer, 2002 MT 304 (Mont. 2002). · cites it 5× “The notice included the warning set forth in § 72-3-805(1), MCA, 2 that the claim would be barred unless the Bank filed a petition for allowance or commenced a separate proceeding against the personal representative within sixty days after the mailing of the notice.”
Bozeman Deaconess Hosp. v. Est. of Rosenberg, 731 P.2d 1305 (Mont. 1987). · cites it 20× “Section 72-3-805, MCA, provides that a claim against the estate is disallowed if the personal representative fails to take action on the claim for 60 days after the time for original presentation of the claim has expired.”
Est. of Allen v. Allen, 843 P.2d 781 (Mont. 1992). · cites it 6× “On March 13,1991, appellant submitted, pursuant to Section 72-3-805, MCA, a petition in the District Court seeking *471 allowance of the claim against the estate of Robert John Allen and requesting a jury trial.”
Reese v. Reese, 637 P.2d 1183 (Mont. 1981). · cites it 3× “” Section 72-3-805(3), MCA. We construe the language “in another court” to mean outside the probate court and the estate proceedings.”
Bd. of Trs. of the W. Conf. of Teamsters Pension Trust Fund v. H.F. Johnson, Inc., 830 F.2d 1009 (9th Cir. 1987). “unless the claimant files a petition for allowance in the court or commences a proceeding against the personal representative not later than 60 days after mailing of the notice of disallowance____” Mont.Code Ann. § 72-3-805. . See, e.g., 29 U.”
In re the Est. of Harbaugh, 639 P.2d 495 (Mont. 1982). · cites it 2× “There are a number of alternatives available to the personal representative with regard to payment.”
Est. of McDowell v. Comm'r, 51 T.C.M. 319 (Tax Ct. 1986). · cites it 2× “72-3-805 (1979). Presentation *597 is not a requisite to payment of a claim, and the personal representative may pay any just claim which has not been barred with or without formal presentation.”
Mont. Code Ann. § 72-3-805(1): 2 cases
In Re the Est. of Spencer, 2002 MT 304 (Mont. 2002). “The notice included the warning set forth in § 72-3-805(1), MCA, 2 that the claim would be barred unless the Bank filed a petition for allowance or commenced a separate proceeding against the personal representative within sixty days after the mailing of the notice.”
Bozeman Deaconess Hosp. v. Est. of Rosenberg, 731 P.2d 1305 (Mont. 1987). “Section 72-3-805, MCA, provides that a claim against the estate is disallowed if the personal representative fails to take action on the claim for 60 days after the time for original presentation of the claim has expired.”
Mont. Code Ann. § 72-3-805(2): 1 case
In re the Est. of Harbaugh, 639 P.2d 495 (Mont. 1982). “There are a number of alternatives available to the personal representative with regard to payment.”
Mont. Code Ann. § 72-3-805(3): 2 cases
In Re the Est. of Spencer, 2002 MT 304 (Mont. 2002). “The notice included the warning set forth in § 72-3-805(1), MCA, 2 that the claim would be barred unless the Bank filed a petition for allowance or commenced a separate proceeding against the personal representative within sixty days after the mailing of the notice.”
Reese v. Reese, 637 P.2d 1183 (Mont. 1981). “” Section 72-3-805(3), MCA. We construe the language “in another court” to mean outside the probate court and the estate 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.