Detailed Answer

When someone is named as a proposed administrator (a person asked to take charge of a deceased person’s estate) they have legal duties to locate, protect, and account for estate assets. If that person is withholding asset information or refusing to share estate documents with interested people (heirs, beneficiaries, or creditors), you have options under Montana law to get access and to protect the estate.

Who is an “interested person” and what information can they request?

“Interested persons” generally include heirs, beneficiaries named in a will, and creditors who have a claim. These people have a right to information about estate assets, the probate process, inventories, and accountings. If a proposed administrator refuses to share basic estate information (bank statements, inventories, deeds, insurance policies, or an accounting), that refusal can be challenged in probate court.

Practical steps to take right away

1. Ask in writing. Send a clear, dated written request asking for the specific documents (inventory, list of assets and debts, bank statements, contracts, deeds, tax returns, beneficiary lists). Keep a copy and proof of delivery (email read receipt, certified mail, or receipt from personal delivery).
2. Request an inventory or accounting from the court. Under Montana probate rules the court can require an administrator to file an inventory and periodic accountings. If you do not receive information after a written request, you can file a petition asking the probate court to order the inventory or an accounting. The probate judge has authority to compel disclosure and to review the administrator’s conduct.
3. File a motion to compel or a petition to compel production. If informal steps fail, ask the court to compel production of specific records. The court can order disclosure and can schedule a hearing where the proposed administrator must explain their conduct.
4. Ask the court to remove or restrict the proposed administrator. When an administrator hides assets or otherwise breaches duties, the court can remove them and appoint a different administrator or a temporary special administrator. You can petition for removal if the person’s behavior endangers estate assets or unfairly denies access to interested persons.
5. Seek an accounting and use discovery tools. In contested matters the court may authorize discovery (document requests, interrogatories, depositions) so you can identify undisclosed assets. If you suspect assets are being hidden, gather bank records, title searches, and other evidence to support your request.
6. Ask for interim relief if assets are at risk. If you believe assets are being misused or removed, seek emergency temporary orders (injunctions, restraining orders, or appointment of a special administrator) to preserve estate property while the court decides.
7. Consider claims for breach of fiduciary duty. Administrators and personal representatives owe fiduciary duties to the estate and the interested persons. Withholding estate information can be a breach of duty and may expose the administrator to removal, surcharge (financial liability), or other court-ordered remedies.
8. Get help from an attorney or use court self-help resources. Probate procedure can be technical. An attorney can draft petitions, represent you at hearings, and gather evidence. If you cannot hire an attorney right away, the Montana courts provide self-help information and forms to start a petition.

What the court can order in Montana

The Montana probate courts have broad powers to supervise personal representatives, compel inventories and accountings, remove or limit an administrator, and provide remedies for breaches of fiduciary duty. For general statutory guidance, Montana’s probate law appears in the Montana Code (Title 72). You can review the Montana Code and find the probate provisions at the Montana Legislature’s code site: https://leg.mt.gov/bills/mca/. For practical court guidance and self-help resources on probate, see the Montana Judicial Branch probate information: https://courts.mt.gov/selfhelp/probate.

Timing and strategy

Act promptly. Key steps in probate (filings, notice periods, and limitation dates) have deadlines. Gathering evidence early (bank statements, public records showing title transfers, insurance records) makes petitions to the court stronger. Try informal resolution first (clear written requests and mediation), but be ready to file in court if the proposed administrator refuses to cooperate.

When to consider removal or surcharge

Removal is appropriate if the administrator is dishonest, refuses to account, wastes estate assets, or otherwise breaches duties. A surcharge is a court-ordered money judgment against an administrator who caused a loss to the estate. Ask the court for these remedies if the withholding has caused or risks causing financial harm to the estate or beneficiaries.

Costs and possible outcomes

Litigation and formal petitions can increase legal costs and delay distribution. Courts balance the estate’s interests, the need for full disclosure, and the expense of enforcement. When possible, try to resolve disputes through negotiation or mediation to limit costs. If the court finds misconduct, it can order production of documents, replace the administrator, award damages or fees, and impose other remedies.

Where to get help in Montana

• Montana Judicial Branch self-help and probate resources: https://courts.mt.gov/selfhelp/probate
• Montana Code (statutes governing probate and fiduciary duties): https://leg.mt.gov/bills/mca/ (see Title 72 for probate, trusts, and fiduciaries)
• Lawyer referral: Montana State Bar or local county bar referral services (search online for the State Bar of Montana lawyer referral service)

Bottom line: If the proposed administrator is withholding asset information, document your requests, ask the probate court to compel an inventory or accounting, consider petitions to remove or limit the administrator, and consult an attorney if possible. The court can force disclosure and can impose remedies when fiduciary duties are breached.

Helpful Hints

• Always make information requests in writing and keep copies and delivery proof.
• Collect independent evidence early: bank statements you can access, property records, vehicle titles, and insurance policies.
• Keep a timeline of communications and any suspicious transfers or withdrawals with dates and amounts.
• Ask the court for an inventory first; many disputes end once a full inventory is filed.
• Use discovery (document requests, subpoenas) if you file a formal petition and the court allows it.
• If you suspect theft or criminal conduct, you may also contact local law enforcement—but coordinate this with your civil/probate strategy and an attorney.
• Consider mediation or settlement talks before lengthy court battles if the estate can bear the costs.
• When in doubt about procedure, contact the Montana Judicial Branch self-help center or a probate attorney for guidance on filings and deadlines.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and every situation is different—consult a licensed Montana attorney for advice specific to your situation.