Short answer

Under Montana law, a next of kin who wants to serve as the estate administrator (sometimes called a personal representative or administrator) must be legally eligible, have priority under the court’s appointment rules, file a petition for appointment in the probate court where the decedent lived, and satisfy any bond or other conditions the court requires. The court then issues letters of administration, which give the administrator authority to manage and distribute the estate.

Detailed answer — step‑by‑step (what next of kin need to know)

1. Who has priority to be appointed?

When someone dies without naming a personal representative (or when the nominated person cannot serve), Montana law gives priority to certain persons to be appointed. Priority typically starts with the surviving spouse and then moves to other next of kin (children, parents, siblings, more remote relatives) in the order established by probate law. If multiple people at the same priority level ask to serve, the court will decide who is best suited or may appoint more than one co‑administrator.

For the specific order and priority rules, see the Montana probate code (Mont. Code Ann., Title 72). You can review the probate statutes on the Montana Legislature website: https://leg.mt.gov/bills/mca/ (search within Title 72, Chapter 3 for appointment rules).

2. Basic eligibility requirements

• Age and capacity: The person must be an adult with legal capacity (generally age 18 or older).
• No disqualifying criminal conviction: Certain convictions, especially for dishonesty or breaches of fiduciary duty, can disqualify a person from appointment or may lead the court to deny appointment or require a bond.
• Residency or agent for service: Non‑residents can often serve, but Montana may require a local agent for service of process or impose other conditions. Courts consider whether the person can reasonably perform the duties.
• Conflict of interest or inability to serve: If the person stands to gain in ways that interfere with impartial administration, the court may refuse appointment.

Montana’s probate statutes spell out qualifications and disqualifications for personal representatives; consult those provisions on the Montana Legislature site (Title 72). See https://leg.mt.gov/bills/mca/.

3. Filing the petition

The next of kin who wants to serve must file a petition for appointment (often called a petition for probate or appointment of administrator) in the county probate court where the decedent was domiciled at death. Typical attachments include the death certificate, a list of heirs or next of kin, and any available will (if one exists).

When filing you should:

• Name the petitioner and state the petitioner’s relationship to the decedent.
• List all known heirs and their addresses (or say you do not know addresses).
• Ask the court to issue letters of administration and, if needed, request permission to act before formal appointment (emergency relief).

4. Notice and opportunity for objections

Montana requires notice to interested persons (heirs, beneficiaries, creditors as provided by statute). Interested persons can object to the proposed administrator for good cause — for example, lack of qualifications or a competing priority claim. The court will hold a hearing if an objection is filed or if the judge requires one.

5. Bond and conditions

The court commonly requires an administrator to post a fiduciary bond to protect the estate from mismanagement or theft. The court may waive the bond if the will waives it, if heirs agree in writing, or if the court finds a waiver appropriate. The court may also set other conditions, such as requiring periodic accounting.

6. Letters of administration and authority

Once the court approves the appointment and any bond requirement is satisfied, the clerk issues letters of administration (or letters testamentary if there is a will and an executor is appointed). These letters are proof of authority to collect assets, pay debts, and distribute property under court supervision.

7. Practical tasks after appointment

After appointment, the administrator must:

• Inventory and safeguard estate assets;
• Provide notice to creditors and handle valid claims within statutory time limits;
• Pay valid debts and taxes from estate funds;
• File accountings or reports if required by the court;
• Distribute property to heirs according to Montana intestacy rules if there is no valid will (see Montana intestate succession provisions in Title 72).

8. Where to find the controlling Montana statutes

Key provisions governing appointment, qualifications, bond, and duties are in Montana’s probate statutes (Title 72 of the Montana Code Annotated). Browse and search the Montana Code on the official legislative site: https://leg.mt.gov/bills/mca/ (select Title 72 and then the appropriate chapter on personal representatives and administration).

Helpful hints

• Start at the county courthouse: Call the probate clerk of the county where the deceased lived for local forms and filing requirements. Montana probate is handled at the district court level; the clerk can provide specific filing steps.
• Gather basic documents before filing: death certificate, any known will, the decedent’s list of assets, and contact information for heirs and potential creditors.
• Confirm priority of appointment: If multiple family members want to serve, try to reach agreement before filing (co‑administration or written waivers may simplify the process).
• Expect a bond: Plan for the cost of a probate bond unless the will or heirs waive it.
• Be transparent and keep records: Bank statements, receipts, inventories, and communications protect you and the estate from disputes.
• Consider limited or temporary appointment if immediate action is required: Courts can grant short‑term authority to protect assets before full appointment.
• Get legal help for complex estates: If the estate has business interests, real estate in multiple states, tax issues, or disputes among heirs, consult an attorney experienced in Montana probate.