Disclaimer: This is general information, not legal advice. I am not a lawyer. For guidance specific to your situation, consult a Montana probate attorney.
Detailed Answer
When someone dies and you expect to be appointed the personal representative (administrator) of the estate, the period before formal appointment can be tense. Siblings or other family members may try to take items from the house. Under Montana law, control of the decedent’s property passes to the estate, and only the personal representative (or someone authorized by the court) has the legal right to collect, protect, and distribute estate assets. To protect the house and its contents and to reduce the risk that siblings remove belongings before you are appointed, follow these practical and legal steps.
1) Act promptly to begin probate
File a petition for appointment of a personal representative (administrator) with the appropriate Montana district court in the county where the decedent lived. Opening the probate case is the formal first step that gives the court jurisdiction and begins the legal process for appointing someone to manage the estate. See Montana’s probate statutes in Title 72 of the Montana Code (Probate and Trust Law): Mont. Code Ann. Title 72.
2) Ask the court for immediate protective relief
If you suspect pending removal or destruction of property, ask the court when you file the petition to issue temporary orders to protect assets. Montana courts can appoint a temporary or special administrator or issue instructions to secure property while the probate case is pending. A temporary appointment gives an authorized person court authority to secure the home, inventory assets, and prevent removal of estate property. If necessary, request a hearing for temporary injunctive relief to stop others from removing belongings until the court rules.
3) Secure the property physically — but do so carefully
Practical security steps can prevent loss, but some actions may create disputes if you lack court authority. Follow these guidelines:
- Document the scene immediately: take date-stamped photos and video of each room and of items of obvious value (jewelry, cash, safe, firearms, heirlooms).
- Make a written, room-by-room inventory. Note the presence and condition of important items.
- If you have lawful access to the house, change locks only if you are certain you will not be excluding someone who has a legal right to enter (for example, a co-owner or someone acting under a court order). If in doubt, ask the court to appoint a temporary administrator or to issue an order authorizing lock changes.
- Remove and secure small high-value items (cash, social security checks, jewelry) only after you have court authority, or keep them in a locked, documented container inside the house while you seek authorization. If you must remove items for safekeeping, photograph them first, create a signed chain-of-custody log (who took them, when, and why), and store them in a secure location (safe deposit box or locked safe). Ideally, make this removal pursuant to a court order or while acting as a court-appointed temporary administrator.
- Do not destroy or discard property. Even well-meaning removal of items can later be characterized as conversion.
4) Give formal notice and communicate in writing
Send a clear written notice to siblings and other likely heirs stating that the decedent has died, a probate filing is being pursued, and that removal of estate property without court authorization may be illegal. Keep copies of all communications. Written notice can deter casual taking and also becomes evidence if siblings remove property despite notice.
5) Preserve evidence if items are taken
If someone removes property before you are appointed, immediately document what is missing (photos showing prior condition, witness statements, messages). If removal occurs after you gave written notice or after probate is opened, that strengthens your case when you later ask the court for relief. Law enforcement may treat clear theft of items as a crime; however, many disputes over estate property are civil and handled in probate court, so coordinate with both the police and the probate court clerk.
6) Consider filing for appointment of a temporary/special administrator
If there is a real risk of removal or waste of estate property, request the court to appoint a temporary or special administrator with authority limited to protecting assets (securing the house, inventorying property, and arranging safekeeping). This is a common remedy and avoids the legal risk of taking unilateral action. The temporary appointee will usually post a bond and must report to the court.
7) Use court remedies if someone wrongfully takes property
If siblings take items before you are appointed, once you are appointed personal representative you can petition the probate court for recovery. The court can order return of property, monetary damages for conversion, or other remedies. If the taking is recent and you can show likely irreparable harm, the court may grant emergency relief such as an injunction or temporary order to preserve assets pending trial.
8) Hire professionals for valuation and assistance
For high-value items (artwork, antiques, jewelry, businesses, real estate), arrange professional appraisal and, if needed, a locksmith, security service, or bonded moving/storage company. Keep receipts and documentation. All expenditures to protect estate assets are typically reimbursable from the estate once approved by the court.
Relevant Montana resources
- Montana Code — Probate and Trust Law (Title 72): https://leg.mt.gov/bills/mca/title_72/
- Montana Judicial Branch — Probate Forms and Information: https://courts.mt.gov/Forms/Probate
Because Montana probate procedures and remedies are court-driven, you will normally get the best and fastest protection by filing for appointment and asking the court for temporary authority to secure the property.
Helpful Hints
- Open a probate file immediately. The sooner the court is involved, the sooner the court can prevent improper removals.
- Document everything with photos, videos, timestamps, and witness names.
- Put all requests and warnings to siblings in writing (email or certified mail). Keep copies and delivery proofs.
- Do not remove large quantities of property or valuables unless you have court authorization or are the court-appointed temporary representative.
- If someone removes property, preserve evidence and notify both the probate court clerk and local law enforcement; ask a lawyer about filing for an injunction or for criminal charges if theft is involved.
- Keep careful accounting and receipts for any expenses you incur securing the house—these are usually reimbursable from the estate after court approval.
- Ask the court for a temporary inventory deadline so the estate’s assets are recorded early and clearly.
- When in doubt, consult a Montana probate attorney to prepare filings and emergency motions; legal counsel can draft the right pleadings to obtain quick court protection.