Montana § 72-3-1102 - Effect Of Affidavit
Full text of Montana Montana Code Annotated § 72-3-1102 — Effect Of Affidavit, with citation guidance and answers to common questions.
§ 72-3-1102. Effect Of Affidavit
Effect of affidavit. (1) The person paying, delivering, transferring, or issuing personal property or the evidence of personal property pursuant to affidavit is discharged and released to the same extent as if the person dealt with a personal representative of the decedent. The person is not required to see to the application of the personal property or evidence of personal property or to inquire into the truth of any statement in the affidavit. (2) If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence of personal property, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled to the property. (3) A person to whom payment, delivery, transfer, or issuance is made is answerable and accountable for the property to any person representative of the estate or to any other person having a superior right.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 72-3-1102
What does Montana Code Annotated § 72-3-1102 cover?
Section 72-3-1102 ("Effect Of Affidavit") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 72-3-1102?
A common citation format is "Montana Code Annotated § 72-3-1102" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 72-3-1102 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.