Montana · ProbateSelling a house in a Montana estate: the personal representative's power of sale

Montana follows the Uniform Probate Code's list of transactions a personal representative may carry out. Except as restricted by the code, provided otherwise by the will or by an order in a formal proceeding, and subject to the priorities in MCA 72-3-901, a personal representative acting reasonably for the benefit of the interested persons may acquire or dispose of an asset, including land in Montana or another state, for cash or on credit, at public or private sale, and may manage, improve, exchange or partition estate assets (MCA 72-3-613(6)). Where the decedent had an enforceable contract to convey land, the personal representative may perform it, including by executing and delivering a deed for cash payment of the balance or for the purchaser's note secured by a mortgage or deed of trust (MCA 72-3-613(3)). For a closing, the title company looks at the letters and the will for any restriction before insuring the personal representative's deed.