# Mont. Code Ann. § 70-9-805: 70-9-805 Rules for taking custody

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C9_P8_S70-9-805

## Section

- **Citation:** Mont. Code Ann. § 70-9-805
- **Heading:** 70-9-805 Rules for taking custody
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-805

## Text

70-9-805 . Rules for taking custody. Except as otherwise provided in this part or by other statute of this state, property that is presumed abandoned, whether located in this or another state, is subject to the custody of this state if:

(1) the last-known address of the apparent owner, as shown on the records of the holder, is in this state;

(2) the records of the holder do not reflect the identity of the person entitled to the property and it is established that the last-known address of the person entitled to the property is in this state;

(3) the records of the holder do not reflect the last-known address of the apparent owner and it is established that:

(a) the last-known address of the person entitled to the property is in this state; or

(b) the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state and has not previously paid or delivered the property to the state of the last-known address of the apparent owner or other person entitled to the property;

(4) the last-known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide for the escheat or custodial taking of the property and the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state;

(5) the last-known address of the apparent owner, as shown on the records of the holder, is in a foreign country and the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state;

(6) the transaction out of which the property arose occurred in this state, the holder is domiciled in a state that does not provide for the escheat or custodial taking of the property, and the last-known address of the apparent owner or other person entitled to the property is unknown or is in a state that does not provide for the escheat or custodial taking of the property; or

(7) the property is a traveler's check or money order purchased in this state or the issuer of the traveler's check or money order has its principal place of business in this state and the issuer's records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property or do not show the state in which the instrument was purchased.

## Nearby sections

- [Mont. Code Ann. § 70-9-801 70-9-801 Short title](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C9_P8_S70-9-801.md)
- [Mont. Code Ann. § 70-9-802 70-9-802 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C9_P8_S70-9-802.md)
- [Mont. Code Ann. § 70-9-803 70-9-803 Presumptions of abandonment](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C9_P8_S70-9-803.md)
- [Mont. Code Ann. § 70-9-804 70-9-804 Contents of safe deposit box or other safekeeping depository](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C9_P8_S70-9-804.md)
- [Mont. Code Ann. § 70-9-805 70-9-805 Rules for taking custody](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C9_P8_S70-9-805.md)
- [Mont. Code Ann. § 70-9-806 70-9-806 Dormancy charge](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C9_P8_S70-9-806.md)
- [Mont. Code Ann. § 70-9-807 70-9-807 Burden of proof as to property evidenced by record of check or draft](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C9_P8_S70-9-807.md)
- [Mont. Code Ann. § 70-9-808 70-9-808 Report of abandoned property](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C9_P8_S70-9-808.md)
- [Mont. Code Ann. § 70-9-809 70-9-809 Payment or delivery of abandoned property](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C9_P8_S70-9-809.md)
- [Mont. Code Ann. § 70-9-810 70-9-810 Notice and publication of lists of abandoned property](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C9_P8_S70-9-810.md)
- [Mont. Code Ann. § 70-9-811 70-9-811 Custody by state -- recovery by holder -- defense of holder](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C9_P8_S70-9-811.md)
- [Mont. Code Ann. § 70-9-812 70-9-812 Public sale of abandoned property](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C9_P8_S70-9-812.md)
- [Mont. Code Ann. § 70-9-813 70-9-813 Deposit of funds](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C9_P8_S70-9-813.md)
- [Mont. Code Ann. § 70-9-814 70-9-814 Claim of another state to recover property](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C9_P8_S70-9-814.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C9_P8_S70-9-805. Check the current official text before relying on it. Not legal advice.