Detailed Answer
Short answer: Not always — but often. In Montana, whether probate administration is required when someone dies without a will (intestate) depends on what assets the decedent owned, how those assets are titled, and whether simplified procedures apply. The decedent’s property that is solely in their name usually must pass through probate (or a simplified probate process) before the court will authorize distribution under Montana intestacy rules.
When a person dies intestate in Montana, state probate law (Title 72, Montana Code Annotated) governs two main questions: (1) who inherits (the order and share of heirs), and (2) how legal title to the decedent’s assets gets transferred to those heirs. The court-supervised process that transfers title and resolves creditor claims is called probate administration (sometimes called estate administration).
Probate administration is usually required when the decedent owned assets titled only in their name that cannot be transferred by other legal means. Typical examples that often require probate in Montana include:
- Real estate held solely in the decedent’s name (a county deed or title needs to be changed);
- Bank or brokerage accounts owned solely in the decedent’s name without a payable-on-death beneficiary or joint account holder;
- Personal property (vehicles, jewelry, family heirlooms) titled or held only in the decedent’s name where a third party will not release the property without court documents; and
- Situations where creditors, complex assets, or disputes require court oversight.
However, probate may not be required (or a simplified alternative may be available) if:
- Assets pass automatically by beneficiary designation (life insurance, retirement accounts, payable-on-death bank accounts);
- Assets are owned jointly with rights of survivorship (joint tenancy, some joint bank accounts) so ownership passes to the surviving joint owner;
- The estate is small and qualifies for Montana’s simplified procedures for small estates or summary administration under the probate statutes; or
- Property can be transferred under a non-probate mechanism (for example, some transfer-on-death mechanisms for title, if available and properly executed).
Because Montana law provides specific statutory procedures for opening an estate, appointing an administrator, processing creditor claims, and distributing intestate estates, many estates will require at least a simple probate filing even if no will exists. You can review the Montana probate statutes under Title 72 of the Montana Code Annotated for the full rules and any simplified procedures: Montana Code Annotated, Title 72 — Estates and Protective Proceedings.
Typical steps when probate is required in an intestate case (summary):
- Identify and gather assets and title documents.
- Determine whether any assets pass outside probate (beneficiaries, joint ownership, trust assets).
- File a petition in the appropriate Montana district court to open administration and ask the court to appoint an administrator (sometimes a spouse or close relative).
- Give notice to heirs and potential creditors, and allow the statutory period for creditor claims.
- Inventory estate assets, pay valid debts and taxes, and distribute remaining property according to Montana’s intestacy rules.
- Close the estate with the court after final accounting and distribution.
Key practical points to consider:
- Title matters: Transferring real property or vehicles typically requires probate documents or court-issued letters of administration.
- Creditors: Probate provides a formal process to notify and resolve creditor claims; without probate, creditors may still assert claims against heirs in some situations.
- Disputes and clearances: If heirs disagree, or if banks and other institutions demand a court order, probate will often be necessary.
- Costs and timeline: Probate fees, filing fees, and the administrator’s statutory fee may apply. Simplified procedures can reduce time and cost for small or uncontested estates.
If you’re unsure whether probate is required for a particular Montana estate, start by compiling a list of assets and their title/beneficiary designations. That information usually reveals whether probate is necessary. For specific statutory procedures, timelines, and thresholds that might allow simplified or summary administration, consult Title 72, Montana Code Annotated: https://leg.mt.gov/bills/mca/title_0720/.
Disclaimer: This article is educational only and is not legal advice. I am not a lawyer. For advice about a specific Montana probate matter, consult a licensed Montana attorney who practices probate and estate administration.
Helpful Hints
- Gather documents first: death certificate, deeds, account statements, vehicle titles, and insurance/retirement beneficiary info. This reveals what must pass through probate.
- Check beneficiary designations and joint accounts — these often avoid probate completely.
- If real estate is involved, expect some form of probate or court paperwork to transfer title.
- Ask the bank or title holder what documents they require. Many institutions will tell you whether a court order or letters of administration are necessary.
- Look for Montana small-estate or simplified probate procedures in Title 72 to see if the estate qualifies for a faster/cheaper route.
- When in doubt, consult a Montana probate attorney — even a short consultation can save time and money by pointing you to the right procedure.