72-3-911. Successors’ rights if no administration. (1) In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession.

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Terms Used In Montana Code 72-3-911

  • Decedent: A deceased person.
  • Dependent: A person dependent for support upon another.
  • Intestate: Dying without leaving a will.
  • Property: means real and personal property. See Montana Code 1-1-205

(2)Devisees may establish title by the probated will to devised property. Persons entitled to property by homestead allowance, exemption, or intestacy may establish title to the property by proof of the decedent‘s ownership, the decedent’s death, and their relationship to the decedent.

(3)Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children and subject to the rights of others resulting from abatement, retainer, advancement, and ademption.