{"data":{"id":"us-mt/72-3-806","jurisdiction":"us-mt","citation":"72-3-806","heading":"Counterclaims -- deduction.","body":"(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.\n(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.","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION","Part 8. Creditors' Claims"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0080/section_0060/0720-0030-0080-0060.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:03Z","sha256":"fbaa7a07c52c1404895b7582456442162cec6ce17cfd9a3a59dbfd403d92f9a2","source_id":"us-mt","stale":false,"prev":"us-mt/72-3-805","next":"us-mt/72-3-807"},"notice":"GroundRules: Original legal text. Not legal advice."}