72-3-1013. Limitation on actions against distributees. (1) Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim and the right of any heir or devisee or of a successor personal representative acting in their behalf to recover property improperly distributed or the value thereof from any distributee is forever barred at the later of 3 years after the decedent‘s death or 1 year after the time of distribution, but all claims of creditors of the decedent are barred 1 year after the decedent’s death.

Ask a will, trust or estate question, get an answer ASAP!
Thousands of highly rated, verified estate & trust lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Montana Code 72-3-1013

  • Decedent: A deceased person.
  • Fraud: Intentional deception resulting in injury to another.
  • Property: means real and personal property. See Montana Code 1-1-205

(2)This section does not bar an action to recover property or value received as the result of fraud.