2022 Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship
Part 2. Guardians of Minors
72-5-211. Testamentary appointment of guardian of minor -- when effective -- priorities -- notice of appointment

Universal Citation: MT Code § 72-5-211 (2022)

72-5-211. Testamentary appointment of guardian of minor -- when effective -- priorities -- notice of appointment. (1) The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under 72-5-213, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated if before acceptance both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority.

(2) Upon acceptance of an appointment, written notice of acceptance must be given by the guardian to the minor and to the person having the minor's care or to the minor's nearest adult relations.

History: En. 91A-5-202 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-202(part); amd. Sec. 2399, Ch. 56, L. 2009.

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