FastCounsel

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney or the Montana Department of Revenue for guidance specific to your situation.

Detailed Answer

1. Search for Unclaimed Property

Begin by conducting an online search of Montana unclaimed property records. Visit the Montana Department of Revenue’s Unclaimed Property portal at mtrevenue.gov/unclaimed-property. Enter the deceased relative’s full name and last known address. If you find entries, review the property types—bank accounts, safe deposit contents, insurance proceeds, or utility deposits.

2. Review Probate and Estate Records

Check with the county probate clerk where the decedent lived. Access the decedent’s probate file to identify unknown assets. Look for account ledgers, bank statements, or property inventories.

3. Gather Required Documents

Montana law (Mont. Code Ann. § 72-17-202, definitions, link) requires you to prove your right as an heir. Typical documents include:

• Certified death certificate of the decedent
• Proof of heirship (e.g., will, intestate succession order)
• Your government-issued photo ID
• Probate court letters of administration or letters testamentary

4. File a Claim with the Montana Department of Revenue

Obtain and complete the claim form available on the department’s website. Attach all supporting documents. Under Mont. Code Ann. § 72-17-222 (claim procedure, link), you must mail or deliver your claim packet to:

The department reviews claims within 90 days and issues payment by check or electronic transfer. There is no statute of limitations on heir claims under Montana law.

5. Optional: Seek Probate Court Assistance

If you hit a dead end—no website matches or missing documentation—petition the probate court for a declaratory judgment of heirship. The court can order third parties to disclose assets and can empower you to recover property on behalf of the estate.

Helpful Hints

• Search both the decedent’s maiden and married names to avoid missing records.
• Check unclaimed property in other states if the decedent worked or owned property across state lines (unclaimed.org).
• Gather notarized affidavits from family members to support your heirship claim if no will exists.
• Keep copies of every document you submit; track your claim number and status online.
• Consult a probate attorney if the estate is complex or if you encounter conflicting claims.