Montana Title 72. Estates, Trusts, and Fiduciary Relationships § 72-3-109. Acknowledgment of fiduciary relationship and obligations--personal representative, guardian, or conservator

(1) Every applicant for appointment as the personal representative of a decedent's estate, as a guardian, or as a conservator shall sign and verify before a notary public or under penalty of perjury the following statement:

“By signing, accepting, or acting under this appointment, I acknowledge that I will assume the duties and responsibilities of a fiduciary and that I must work exclusively for the benefit of the decedent's estate and its beneficiaries, the ward under any guardianship, or the protected person under any conservatorship. I also acknowledge that the primary duty of a personal representative, guardian, or conservator is the duty of loyalty to and protection of the best interests of the estate, ward, or protected person. Therefore, I acknowledge that:

I may not use any of the property or other assets of the decedent's estate, ward, or protected person for my own personal benefit;

I must direct any benefit derived from this appointment to the decedent's estate, ward, or protected person; and

I must avoid conflicts of interest and must use ordinary skill and prudence in carrying out the duties of this appointment.”

(2) The statement in subsection (1) must be sworn before a notary public or executed under penalty of perjury in the following format:

“I declare under penalty of perjury under the laws of the state of Montana that the foregoing is true and correct.

Signed this ․․․ day of ․․․․․․․․․․, 20․․․

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Signature of applicant”

(3) This section applies to all applications for appointment as a personal representative or as a special administrator under Title 72, chapter 3, parts 2, 3, 4, and 7.