72-3-901. Abatement. (1) Except as provided in subsection (3) and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following order: (a) property not disposed of by the will; (b) residuary […]
72-3-902. Distribution in kind preferred — method — valuation. Unless a contrary intention is indicated by the will, the distributable assets of a decedent’s estate must be distributed in kind to the extent possible through application of the following provisions: (1) A specific devisee is entitled to distribution of the thing devised to that devisee, and a […]
72-3-903. Proposal for distribution — delivery — objection. (1) After the probable charges against the estate are known, the personal representative may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution. (2) The right of any distributee to object to the proposed distribution on the basis […]
72-3-904. Distribution in kind — evidence of title. If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee’s title to the property. History: En. 91A-3-907 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-907.
72-3-905. Distribution by personal representative conclusive evidence of succession to interest by distributee. Proof that a distributee has received an instrument or deed of distribution of assets in kind or payment in distribution from a personal representative is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as […]
72-3-906. Improper distribution or payment — liability of distributee or payee. Unless the distribution or payment can no longer be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid or a claimant who was improperly paid is liable to return the property improperly received and its income since distribution if […]
72-3-907. Purchases from distributees protected. (1) If property distributed in kind or a security interest in that property is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative or is so acquired by a purchaser from or lender to a […]
72-3-908 through 72-3-910 reserved.
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. (2) Devisees may establish title by the probated will to devised property. Persons entitled to property by homestead allowance, exemption, or […]
72-3-912. Successor’s indebtedness to estate offset against interest — defenses available. The amount of a noncontingent indebtedness of a successor to the estate if due or its present value if not due must be offset against the successor’s interest. However, the successor has the benefit of any defense that would be available to the successor in […]
72-3-913. Interest on general pecuniary devise. General pecuniary devises bear interest at the legal rate beginning 1 year after the first appointment of a personal representative until payment, unless a contrary intent is indicated by the will. History: En. 91A-3-904 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-904.
72-3-914. Partition for purpose of distribution. When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the court, prior to the formal or informal closing of the estate, to […]
72-3-915. Private agreements among successors as to distribution — testamentary trustee as successor. (1) Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent or under the laws of intestacy in any way […]
72-3-916. Distribution to trustee — registration — bond. (1) Before making a distribution to a trustee, the personal representative may require that the trust be registered if the state in which it is to be administered provides for registration and may require that the trustee inform in writing the current beneficiaries and, if possible, one or […]
72-3-917. Distribution to person under disability. (1) A personal representative may discharge the personal representative’s obligation to distribute to any person under legal disability by distributing in a manner expressly provided in the will. (2) Unless contrary to an express provision in the will, the personal representative may discharge the personal representative’s obligation to distribute to a […]
72-3-918. Disposition of unclaimed assets — escheat. (1) If an heir, devisee, or claimant cannot be found, the personal representative shall distribute the missing person’s share to the person’s conservator, if any, otherwise to the department of revenue to be deposited in the state escheat fund as provided in Title 72, chapter 14. (2) A person having […]
