36.25.123    ESTATES

(1) In the event of a lessee's or licensee's death, the lease or license shall be transferred to the decedent lessee's or licensee's estate. The department shall consider the estate to be the lessee or licensee until such time as proof of different ownership is received by the department. In most cases the department shall require a copy of the decree of distribution or assignment by a court-appointed personal representative. Exceptions to this rule may be allowed when the department determines that an unusual situation exists.

(2) All provisions of these rules, including but not limited to: leasing, licensing, subleasing, reporting, assignments, and payments; also apply to leases or licenses held by a decedent's estate.

History: 77-1-209; IMP, 77-6-208, 77-6-401 and 77-6-402, MCA; NEW, 1987 MAR p. 17, Eff. 1/16/87; TRANS, 1996 MAR p. 2384.