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Montana · Through Montana Code Annotated 2025

72-3-806: Counterclaims -- deduction.

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Where this section sits in the code
  1. TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
  2. CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION
  3. Part 8. Creditors' Claims

(1) In allowing a claim, the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate, a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess.

(2) A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.

Collected 2026-09-14T04:59:03Z. Source file · JSON

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