72-3-502. Priorities for appointment. Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order: (1) the person with priority as determined by a probated will, including a person nominated by a power conferred in a will; (2) the surviving spouse of the decedent who is a devisee of the decedent; (3) the custodial parent of a minor decedent; (4) other devisees of the decedent; (5) the surviving spouse of the decedent; (6) the parent of an adult decedent who was survived by issue, none of whom is an adult; (7) other heirs of the decedent; (8) public administrator; (9) 45 days after the death of the decedent, any creditor. History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(1); amd. Sec. 1, Ch. 219, L. 1989; amd. Sec. 66, Ch. 313, L. 2019.
Montana Legal Code
§ 72-3-502
Source: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0050/section_0020/0720-0030-0050-0020.html· Version 2025