(1) Alcoholic beverages licenses may be transferred to the personal representative of the estate of any deceased licensee in accordance with appropriate probate proceedings. In all such cases a certified copy of the death certificate or of administration must be filed with the department. A certified copy of the decree of distribution or order of settlement affecting the license and confirming the transfer of the license must also be filed with the department in connection with the transfer of the license to the distributee or purchaser. The distributee or purchaser of an alcoholic beverages license must comply with all licensing criteria before the transfer of the license will be approved by the department.

(2) If an alcoholic beverages license is owned by joint tenants with right of survivorship, it may be reissued in the name of the surviving joint tenant or tenants, upon presentation of proof of death of the decedent joint tenant or tenants. In all other cases, upon the death of a licensee it is necessary to apply for transfer of ownership of the license as provided by 16-4-204 and 16-4-404 , MCA.

History: Sec. 16-1-303, MCA; IMP, Sec. 16-4-204, MCA; NEW, Eff. 11/3/75; AMD, 1985 MAR p. 167, Eff. 2/15/85; AMD, 2001 MAR p. 449, Eff. 3/23/01; AMD, 2003 MAR p. 21, Eff. 1/17/03.