Detailed answer — your rights and practical steps under Montana law

1. Understand the personal representative’s duty

In Montana, a personal representative (also called an executor or administrator) manages the estate, pays valid claims, and distributes remaining assets to heirs or beneficiaries. That fiduciary must keep accurate records and account for estate receipts, disbursements, and the basis for distributions. For the text and structure of Montana’s probate law, see the Montana Code Annotated, Title 72 (Probate and Trust Code): https://leg.mt.gov/bills/mca/.

2. First practical step: make a written request for an accounting

Send a clear written request (email or certified letter recommended) to the personal representative that asks for:

• The estate inventory and appraisal (if any).
• A full accounting showing all estate receipts and disbursements.
• The calculations used to determine your share (including any deductions, fees, taxes, creditor payments, or reimbursements).
• Copies of supporting documents—bank statements, paid invoices, receipts, and the decedent’s will or any distribution plan.
• A deadline for response (e.g., 14 days) and your contact information.

Keep copies of your request and any responses. A written request creates a record if you later go to court.

3. Review what you receive and check basic math

When the personal representative sends information, verify:

• The estate’s total assets and liabilities match the accounting.
• Creditor payments and fees were legitimate and supported by documents.
• The distribution follows the will’s terms or Montana intestacy law if there is no will.

4. If the accounting is incomplete or unsatisfactory, your legal options

If the representative fails to provide sufficient explanation or if numbers look wrong, you can:

• Request a court-ordered accounting: Petition the probate court handling the estate to require the personal representative to file a full account and supporting documents.
• Object to the accounting or distribution: File an objection with the probate court and ask the court to withhold distribution until the dispute resolves.
• Seek remedies for breach of duty: If the representative mismanaged the estate, you can ask the court for surcharge (money damages), removal of the personal representative, or other equitable relief.
• Pursue mediation or settlement: The court or parties can agree to mediation to avoid litigation costs and delay.

Montana’s probate statutes set the court framework for these procedures (see Montana Code Annotated, Title 72: https://leg.mt.gov/bills/mca/).

5. When to consult an attorney

If the representative refuses to provide a clear accounting, if you suspect errors, self-dealing, or fraud, or if the amount at stake is substantial, contact an attorney who handles probate and estate litigation in Montana. An attorney can:

• Explain deadlines and required court forms in your county.
• Draft and file petitions or objections for you.
• Review the accounting and supporting documents for irregularities.

6. Timing: act promptly

Probate matters often have procedural deadlines and evidence is easier to obtain while records are fresh. If you wait, you may lose leverage or statutory rights. Even if you start by sending a written request, start gathering documents and consider contacting counsel early.

7. What evidence helps your case

• Copies of the will, codicils, and any beneficiary designations.
• Correspondence with the personal representative and with financial institutions.
• Bank and brokerage statements showing estate transactions.
• Receipts, invoices, and canceled checks for estate expenditures.
• Any inventory or appraisal the representative prepared.

8. Court remedies and possible outcomes

• The court can compel a full accounting and delay distributions until the accounting is complete and approved.
• If the court finds misconduct, it can order repayment of improperly distributed funds, remove the personal representative, or award additional damages.
• In many cases, the matter is resolved by the representative providing a clearer accounting or by a negotiated settlement among beneficiaries.

Helpful hints

• Send the first request in writing and keep certificates of mailing or delivery receipts.
• Ask for an itemized accounting that ties every distribution to a line item (asset sale, paid creditor, fee, tax, etc.).
• Request the date and method of any asset valuation used to compute your share.
• Compare the representative’s numbers with independent records you can obtain (bank statements, property appraisals).
• If you suspect wrongdoing, preserve electronic and paper records and avoid confrontational messages that could escalate the dispute.
• Check whether any accounting or distribution has already been filed with the local probate court. Court filings often include inventories and final accountings.
• Consider a short consult with a probate attorney to learn about likely costs and the strength of your position before filing court papers.