Detailed Answer

Short answer: In Montana, you formally challenge (contest or object to) a sibling’s application for letters of administration by filing a written objection or contest in the District Court where the probate was filed, serving the parties, and asking the court to hold a hearing. You must identify lawful grounds for the challenge (lack of qualification, priority of appointment, fraud, undue influence, or other statutory disqualification), provide supporting evidence, and follow Montana probate rules and local court deadlines.

Step-by-step process (what to do first)

1. Locate the probate case and read the petition and notice. Find the county District Court clerk where the decedent resided and obtain copies of the application/petition for letters of administration, the case number, and any notice to heirs. Confirm who filed the petition and whether any letters have already been issued.
2. Confirm deadlines and court rules. Montana courts and local rules set deadlines for filing objections and for service of process. Because deadlines vary, contact the clerk of the District Court that opened the estate and ask how and when objections must be filed. If you miss a deadline, you may still be able to seek relief, but delay weakens your position.
3. Identify your legal grounds. Common, legally recognized grounds to oppose appointment include:
   • The applicant is not qualified or is disqualified under Montana law (e.g., felon convicted of an offense that affects capacity to serve under applicable statute, or other statutory disqualifications).
   • You (or someone else) have superior statutory priority to be appointed (Montana’s intestacy/appointment rules govern priority of appointment).
   • The applicant obtained the application by fraud, forged documents, or false statements.
   • The applicant is subject to undue influence that affected the decedent’s testamentary or estate-related decisions.
   • The applicant is not the person entitled to letters because a valid will exists and names a different personal representative.
4. Prepare and file a written objection or contest. Draft a short, clear document titled like AObjection to Petition for Letters of Administration/Contest of Appointment (follow local practice). The filing should: identify the case number; state your relationship to the decedent; state the facts and legal grounds for your objection; list the relief you want (deny letters to the applicant, schedule a hearing, and/or appoint a different personal representative); and include a proposed order. File the objection with the District Court clerk and pay or ask about filing-fee waivers if needed.
5. Serve the applicant and required parties. Serve a copy of your objection and any supporting documents on the applicant, the clerk, and other interested persons according to Montana service rules. Proper service is essential to preserve your rights and to ensure the court will consider your objection.
6. Ask for a hearing and any interim relief you need. Request a hearing date in your objection or by separate motion. If the applicant is about to receive (or has received) letters and you believe immediate harm will follow (assets may be dissipated, records destroyed, or the applicant may flee), ask the court for emergency relief such as a temporary restraining order, temporary injunction, or an order preventing issuance or use of letters pending resolution.
7. Gather and present evidence. At the hearing you must present admissible evidence supporting your objection: affidavits, declaration, documents (wills, medical records, financial records), witness testimony, criminal records, or expert opinions (e.g., forensic document examiner). Be ready to explain why the court should refuse or revoke the applicant’s letters.
8. Know possible outcomes. The court may deny the objection, sustain it and refuse or revoke letters, appoint another personal representative (possibly you if you have priority), or order further proceedings (discovery, evidentiary hearing). The court may also impose bond or conditions on a personal representative.
9. Appeals and follow-up. If the court issues an unfavorable ruling, you may have a right to appeal. Montana’s appellate deadlines are strict; consult an attorney quickly to preserve appeal rights.

Key Montana law and where to look

Montana’s laws governing decedents’ estates, appointment of personal representatives, and intestate succession appear in Montana Code Annotated Title 72 (Decedents’ Estates and Protective Proceedings). For statutory language and procedural rules, consult the Montana Code and local District Court rules. The Montana legislature publishes the code online: https://leg.mt.gov/bills/mca/ (see Title 72 for probate matters).

Practical examples (hypothetical facts)

Example A — Priority dispute: John dies intestate. His sibling Alice petitions for letters. You (Bob), another sibling, believe you have priority because you were living with John and provided long‑term care and you are closer in degree of kinship under Montana intestacy rules. You file an objection focused on statutory priority and ask the court to appoint you instead. You attach a short affidavit describing your care and evidence of residency and financial support.

Example B — Qualification/fitness: Mary applies for letters but has a recent felony conviction that, under the applicable Montana statutes or case law, could affect her fitness to serve. You file a written objection citing the conviction, attach certified court records, and request a hearing to determine appointment fitness.

Practical tips for building a strong objection

• File promptly — the earlier you act, the more likely the court will give full weight to your objections.
• Use sworn statements — affidavits and declarations under oath are more persuasive than unsigned assertions.
• Collect documentary evidence — wills, bank statements, medical records, communications, police or court records, and records that show who paid bills or maintained assets.
• Preserve documents — request that the court issue interim orders preventing transfers of assets or requiring preservation of estate records.
• Think about mediation — some courts encourage or require alternative dispute resolution in contested probate matters to avoid costly litigation.

When to get a Montana probate attorney

Probate contests can raise technical statutory issues and demand litigation skills (motions, evidentiary hearings, and appeals). If the estate has meaningful assets, complex facts (allegations of fraud or undue influence), or if the other party has already been issued letters, consult a Montana probate or civil litigator. An attorney can prepare pleadings, represent you at hearing, and advise on remedies like removal of a personal representative or surcharge for mishandling assets.

Helpful Hints

• Contact the District Court clerk in the county where the decedent lived to obtain the case file and learn local rules and deadlines.
• Preserve electronic evidence (emails, text messages) and get certified copies of relevant public records quickly.
• Ask the court about temporary orders to block distributions or require a bond if you fear estate assets will disappear.
• Prepare a simple timeline of events showing care, communications, and transactions relating to the decedent’s finances and health to make your hearing presentation clear.
• If cost is a concern, ask about limited‑scope representation with a Montana attorney (discrete tasks rather than full representation).
• Keep communications professional and court-centered — avoid threats or actions that could complicate litigation.
• If you are pursuing appointment yourself, be sure you meet Montana’s qualifications to serve as a personal representative and be ready to post bond if required.