Montana Code 72-3-1013. Limitation on actions against distributees
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.
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.