Detailed answer — what to do next under Montana law

When the appointed personal representative (sometimes called the administrator or executor) of an estate dies before finishing probate, the probate process does not automatically stop. Montana law provides ways to replace that representative so the estate can be administered and closed. Below are the typical steps you, as an interested person (heir, beneficiary, creditor, or interested claimant), should expect and take in Montana.

1. Notify the probate court and file a death certificate

Promptly notify the probate court handling the estate that the personal representative has died. File a certified copy of the representative’s death certificate with the court so the court record is updated. If you have an attorney, ask them to file the notice for you.

2. Check the will for a named successor personal representative

If there is a will for the decedent whose estate is being administered, read the will carefully. Many wills name an alternate or successor personal representative (executor) to serve if the first-named executor cannot serve or dies. If a valid successor is named, that person can petition the court to be issued new letters testamentary and continue administration.

3. If there is no named successor, an interested person should petition for appointment

If no successor is named in the will or if the estate is intestate (no will), an interested person — typically an heir, beneficiary, creditor with standing, or a spouse — should file a petition asking the court to appoint a successor personal representative (administrator). The court will consider the statutory order of priority and the fitness of the candidate before making an appointment.

4. Qualification requirements for a successor

The person the court appoints must qualify by taking any required oath, posting bond if the court requires it, and receiving letters of administration or letters testamentary. The successor’s duties and powers are the same as the original representative’s duties and powers.

5. Inventory, records, and accounting

The successor should obtain all estate records from the deceased representative (files, bank statements, inventory, receipts, correspondence, and any accountings that were filed or in progress). If the original representative did not file a complete inventory or partial account, the successor will normally need to prepare and file any missing inventories and continue with notice to creditors and accountings required by Montana law.

6. Bond and claims against the prior representative

If funds or property are missing, damaged, or there is concern about mismanagement, beneficiaries or the successor may have claims against the prior representative or the prior representative’s bond. Montana procedure allows interested persons to pursue recovery against the former representative’s bond or estate. Keep careful records and consult the court about how to bring such claims.

7. Continue administration to completion

Once appointed, the successor personal representative completes the remaining steps of administration: collect assets; resolve or litigate claims; pay taxes, debts and allowed expenses; prepare and file accountings; and petition the court for distribution and final discharge. The successor should request the court’s permission for actions already begun if necessary and supply any missing filings.

8. If the original representative had authority to sell property

If the prior representative had court authorization to sell assets but died before closing, the successor will usually need to move the court to ratify or approve any pending sales and to transfer title paperwork into the estate or to the buyer as appropriate.

9. Practical timing and staying deadlines

Creditors’ claim periods and tax filing deadlines continue to run. Act promptly to secure the appointment so deadlines are not missed. If deadlines are imminent, ask the court for temporary relief or expedited appointment.

Relevant Montana law and resources:

• Montana probate statutes (Mont. Code Ann., Title 72) — general probate rules and appointment authority: https://leg.mt.gov/bills/mca/title_0720/
• Montana courts page on probate and estate administration (forms and self-help): https://courts.mt.gov/selfhelp/probate

Because specific statute sections may apply to a particular issue (appointment priority, bond, accountings, or creditor claims), review Title 72 of the Montana Code and local court rules or consult a probate attorney for tasks that could raise liability or complex deadlines.

Short hypothetical example

Suppose Jane is the named executor for her father’s Montana estate. Jane began probate but died six months later before distributing all assets. The court should be notified and Jane’s death certificate filed. If the will names an alternate executor (John), John can petition for letters testamentary and continue administration. If no alternate exists, a sibling or beneficiary can petition the court to appoint a successor administrator, who will then collect remaining assets, handle creditor claims, and finish the estate accounting and distributions.

Helpful hints — quick actions and best practices

• Notify the probate court and file the deceased administrator’s death certificate immediately.
• Gather and preserve all estate records, bank statements, receipts, and any inventory already prepared by the original representative.
• Check the will for an alternate executor before filing a petition for successor appointment.
• If you are an interested person, consider filing a petition to be appointed or to nominate a qualified successor if the will does not name one.
• Ask the court whether bond is required for the successor — bonding protects the estate and creditors if money is missing.
• Watch creditor deadlines and tax filing deadlines; seek expedited relief if deadlines are near.
• If there are signs of missing funds, preserve evidence and discuss potential claims against the former representative’s bond or estate with the court or an attorney.
• Consider consulting a probate attorney for complex estates, contested matters, or where priorities of appointment are disputed.