Montana Attorney General Opinion 15-396

Opinion No. 396 Public Administl'at~l·. Expenses of Ad- ministration - Pl'obat~Fumls of Estates-County Commissioners HELD: Necessary expenscs of ad- ministration of an estate by a Public Administrator come under the prohate pro"isions of the sta tutes amI must hl' allowed in accordance therewith. The Board of COUllt~· Commissionprs has no jurisdiction to pass upon or allow such daims for expenses. November 23, 1933 You have requested my opinion Oil a claim of the public administrator for mileage as a county officer. Executors and administrators of es- tates are entitled to be reimbursed for such expenses as are necessary in the administration of anv estate. but claims for such expenses must be pre- sl'nted to and approved by the Dis- trict Court and when approved are pa~'able out of the particular estate in relation to which such expenses were incnrred, not out of public funds. The ~r..me laws apply to public administra- tNS. in this particular, as to an~' other noministrator. We do not see where the question is of specia I interest to the county commissioner~. It is not within their jurisdiction. If any such claim is presented to them the~' have no authorit~' to pass upon it. or'to pay it out of public funds. Such claims come under the prohate proyision~ of thc statutes. and mnst bc presented to the District .Judge, who must countpr- "i~n checks of the pulllic administra- tor drawn on the county treasun'l' for a dministra tion expenses of any csta teo (S('ctions 10001 and 10003. R. C. ~I. If)2l.) It is truE' the funds helonging to any estate coming into the hands of the pnblic a(lministrntor must be deposited with the county treasurer but thE'\' HI'(' trust fundS, 'and as trust fUlHls ar'e nuder the supervision of the probate eonrt and not the count~· commission- ers.