Short answer: As the executor (personal representative) in Montana, you must first confirm your authority, open and administer the estate under Montana probate rules, identify and value estate assets, notify creditors, and—if the sale of real property is needed to pay estate debts—obtain whatever authority the will or the court requires before marketing and closing the sale. Throughout the process you must act in the estate’s best interest, keep clear records, and follow Montana law (Title 72, Probate, Trusts, and Fiduciary Relationships).

Step-by-step process executors should follow in Montana

1. Confirm your role and authority.

   Make sure the probate court has appointed you as personal representative (executor). If the will expressly grants authority to sell real property, that language may allow you to sell without separate court permission; if not, you will generally need court approval to sell estate real property for the purpose of paying debts.

2. Open probate and file required paperwork.

   File the will (if any) and a petition for probate or appointment with the appropriate Montana district court. The court file establishes your legal authority to act, and some sales require a court order. See Montana Code Annotated, Title 72 (Probate, Trusts, and Fiduciary Relationships) for governing provisions: https://leg.mt.gov/bills/mca/ (search Title 72).

3. Inventory and value the estate’s assets.

   Prepare an inventory that includes the real property you propose to sell. Obtain a current market appraisal or broker price opinion so the court, heirs, and creditors can see the value and justify the sale.

4. Notify heirs and creditors.

   Follow Montana’s notice requirements for heirs and for creditors. Creditors must be given the opportunity to present claims against the estate; you cannot pay distributions until valid creditor claims and expenses are addressed. Look for the statutory notice and creditor-claim procedures in Montana’s probate statutes (Title 72) and local court rules: https://leg.mt.gov/bills/mca/.

5. Decide whether you can sell without a court hearing.

   If the will authorizes a sale or the heirs consent in writing, a sale may proceed with less court involvement. If no clear authority exists or if heirs object, file a petition asking the court to authorize sale of real property to pay debts. Include facts showing the sale is necessary to satisfy creditor claims and that the proposed price is fair.

6. Obtain court authorization when required.

   When Montana law or the circumstances require it, submit a petition to the probate court requesting an order authorizing the sale. The court will consider whether the sale is reasonable, whether the price is fair, and whether the sale protects estate beneficiaries. The judge may require notice or a hearing before issuing an order.

7. Follow sales formalities and protect estate interests.

   Once authorized, take standard steps for selling real estate: provide clear title, disclose known defects, market the property at a fair price, obtain written offers, and document negotiations. Depending on the court order, the court may require confirmation of the sale or approval of the purchaser if the sale is by public auction or involves related parties.

8. Close the sale and apply proceeds correctly.

   Use sale proceeds first to pay administration costs (court costs, attorney and executor fees), funeral expenses, taxes, and valid creditor claims in the priority set by Montana law. Keep a detailed accounting; beneficiaries and the court will expect transparency. After paying debts and expenses, distribute any remaining funds as the will (or intestacy rules) directs.

9. File final accounting and close the estate.

   File whatever accountings and closing pleadings the probate court requires to show how funds were used and to obtain court approval to distribute remaining assets and terminate the administration.

Practical hypothetical example

Imagine the decedent left a single house and unsecured creditor claims that exceed the estate’s cash. As executor you open probate, inventory the house, get an appraisal, and notify creditors. The will does not expressly authorize sale. You petition the probate court for authority to sell to pay creditors, provide the appraisal and a proposed sales plan, and obtain a court order. You market the house, accept a fair offer, close, pay creditors and administrative expenses from the proceeds, then distribute any remainder to beneficiaries and file your final accounting with the court.

Where to find the law and forms

Montana’s probate and fiduciary statutes are in Montana Code Annotated, Title 72. Use the Montana Legislature’s MCA site and search Title 72 for provisions on personal representatives, notices, claims against the estate, and the court’s power to authorize sales: https://leg.mt.gov/bills/mca/.

Helpful Hints

• Start by reading Title 72 of the Montana Code and your county court’s probate rules; statutes and local rules control many procedural steps: https://leg.mt.gov/bills/mca/.
• Get a professional appraisal before asking the court to approve a sale; the court will look for evidence the price is fair.
• Keep meticulous records of all notices, appraisals, offers, and disbursements—courts and beneficiaries will expect a clear accounting.
• Don’t distribute assets until creditor claims and taxes are resolved or properly reserved for. Premature distributions can make you personally liable if claims later surface.
• If the decedent’s spouse, minor children, or homestead rights may affect the property, identify and address these claims early; Montana law may provide certain exemptions and priority protections.
• When in doubt about whether you need a court order or the proper creditor notice procedure, consult the probate clerk in the county where the estate is being administered. They can point you to local forms and deadlines.
• Consider retaining a Montana probate attorney for contested sales, large or complex estates, or when heirs disagree; an attorney can prepare petitions, handle hearings, and reduce your personal liability as executor.