Montana Code Annotated

Mont. Code Ann. § 72-3-812 (2026)

Encumbered Assets

✓ current as of May 2026

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TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

Part 8. Creditors' Claims

Encumbered Assets

72-3-812. Encumbered assets. (1) If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the personal representative may pay the encumbrance or any part of the encumbrance, renew or extend any obligation secured by the encumbrance, or convey or transfer the assets to the creditor in satisfaction of the lien, in whole or in part, whether or not the holder of the encumbrance has filed a claim, if it appears to be for the best interest of the estate.

(2) Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration.

History: En. 91A-3-814 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-814; amd. Sec. 2371, Ch. 56, L. 2009.

Notes of Decisions

Cited in 2 cases, 1988–1988 · leading case: Matter of Est. of Wilhelm, 760 P.2d 718 (Mont. 1988).

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Matter of Est. of Wilhelm, 760 P.2d 718 (Mont. 1988). · cites it 3× “515, and Section 72-3-812, MCA. However, unlike Alaska, this Court has not been confronted with a similar dispute.”

Est. of Wilhelm (Mont. 1988). · cites it 2× “515, and § 72-3-812, MCA. However, unlike Alaska, this Court has not been confronted with a similar dispute.”

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