{"data":{"id":"us-mt/72-3-104","jurisdiction":"us-mt","citation":"72-3-104","heading":"Claims against decedent -- necessity of administration.","body":"(1) A proceeding to enforce a claim against the estate of a decedent or the decedent's successors may not be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by Title 72, chapter 3, parts 1 through 10, and 72-3-1101 through 72-3-1103. After distribution, a creditor whose claim has not been barred may recover from the distributees as provided in 72-3-1012 or from a former personal representative individually liable as provided in 72-3-1014.\n(2) This section has no application to a proceeding by a secured creditor of the decedent to enforce the secured creditor's right to security except as to any deficiency judgment that might be sought in the proceeding.","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION","Part 1. General Provisions"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0010/section_0040/0720-0030-0010-0040.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:01Z","sha256":"fe73a87ae3302cc15670d16855e9ee03e151c6127ea6f1003f351848d3e22dd5","source_id":"us-mt","stale":false,"prev":"us-mt/72-3-103","next":"us-mt/72-3-105"},"notice":"GroundRules: Original legal text. Not legal advice."}