Disclaimer: This is general information, not legal advice. I am not a lawyer. For guidance about your specific situation, consult a Montana probate attorney.
Detailed Answer — What to do if you learned of a final accounting you weren’t given notice of
If a sibling filed a final accounting for your parent’s estate and you received no notice, Montana probate law gives people with an interest in the estate ways to challenge distributions and restore procedural protections. The right next step depends on where the probate currently stands (filed but not yet closed; closed by court order; money already distributed). Below are practical, step-by-step actions you can take and the legal options a Montana court commonly provides.
1. Confirm the probate record
- Visit the county clerk of court where your parent’s estate was probated. Ask for the probate file or case number. Most Montana county courts will let you view the file and get copies of the final accounting and any orders.
- Look for any filed notices, mailing certificates, or proofs of service that show whether the personal representative mailed notice to heirs or beneficiaries.
2. Identify whether you are an “interested person” under Montana law
An interested person usually includes heirs, beneficiaries named in a will, creditors, or anyone who may receive a distribution. If you are an heir or named beneficiary, you generally have standing to challenge the accounting or ask the court to reopen the estate.
3. Time-sensitive steps: act quickly
- If the court has not entered a final decree closing the estate, you can file an objection to the accounting or request a hearing asking the court to withhold approval until your concerns are resolved.
- If the court already entered an order approving the final accounting and closed the estate, Montana courts can reopen a probate matter in certain situations — for example, where a person entitled to notice did not receive it and the failure to notify affected their ability to be heard.
- Because deadlines and equitable relief windows vary, move promptly. Delays can weaken your position or allow distributions to be finalized.
4. Motion types and petitions you can file in Montana
Common filings to challenge or correct an accounting include:
- Objection to the accounting and request for hearing — ask the court to suspend approval of the accounting and require a full accounting or supplemental accounting.
- Motion to set aside or vacate the court’s order approving the final accounting — grounded on lack of notice or failure to afford due process. If the court finds you were denied required notice, it may vacate or modify its prior order.
- Petition to reopen the estate or to reopen administration — request reopening so the court can address distributions, surcharge the personal representative for breaches of fiduciary duty, or order a new accounting.
- Request for temporary injunctive relief or an emergency order to freeze distributions or recover assets already distributed to protect the estate’s assets while the dispute is resolved.
- Motion to compel an accounting or for discovery — if records are incomplete or suspect, ask the court to require detailed financial records from the personal representative.
5. Grounds courts consider in Montana
Courts generally look at whether required notice rules were followed, whether the personal representative acted in good faith, and whether distributions complied with the will or intestacy rules. If you did not receive notice that you were legally entitled to receive, a court will weigh your right to due process against any prejudice that reopening would cause.
6. Evidence to collect before you file
- Copies of the will (if any), letters testamentary or letters of administration, the final accounting, and the court’s closing order.
- Any correspondence showing you were not mailed notice (or that your address was not used).
- Bank statements, canceled checks, deeds, tax returns, or other records indicating distributions or asset transfers.
- Names and contact information for witnesses who can confirm you never received notice.
7. Remedies the Montana court may order
- Vacating or modifying the order approving the accounting and reopening the estate.
- Ordering a supplemental or corrected accounting and a new distribution plan if errors or omissions are found.
- Surcharging (financially holding) the personal representative for breaches of fiduciary duty or improper distributions.
- Ordering return of improperly distributed funds to the estate and reallocation under the will or Montana intestacy rules.
8. Where the law is found
Montana’s probate and estate provisions are contained in the Montana Code, Title 72 (Probate and Trust Law). You can review statutes and probate procedures at the Montana Legislature website: Montana Code Annotated, Title 72. For court rules and practical self-help resources, see the Montana Judicial Branch self-help pages: Montana Courts – Self Help.
Helpful Hints
- Start at the county courthouse. The probate clerk is often the fastest way to learn the case status and obtain documents.
- Preserve communications. Save emails, letters, and notes about attempts to contact the personal representative or others involved.
- Check service methods. Some notices must be mailed; others must be personally served. Proof-of-service documents are key evidence.
- Ask for an accounting in writing. If you request a copy of the accounting or accounting records, send the request by certified mail and keep the receipt.
- Consider immediate temporary relief. If distributions are still possible, a short-term court order can prevent dissipation of estate assets while your challenge proceeds.
- Document your relationship and an interest in the estate. The court will want to know why you are entitled to notice (heir, beneficiary, creditor, etc.).
- Consult a Montana probate attorney early. An attorney can identify deadlines, prepare the necessary motions, and represent you at hearings. If funds are limited, ask about contingency arrangements or limited-scope representation for specific tasks.
- Be mindful of costs. Litigation can be expensive; weigh the size of the estate and the likely recovery against legal fees. The court can, in some cases, award fees against a fiduciary who acted improperly.
If you want, I can help you with a checklist of documents to obtain from the courthouse, a sample timeline of likely next steps under Montana law, or a plain-language list of questions to bring to a probate attorney.