Detailed answer — what to know and what to do

Relevant Montana law

Probate matters in Montana are governed by the Montana Code (Title 72 — Probate, Trusts, and Estates) and by local court rules. For an overview of the probate statutes, see the Montana Code, Title 72: https://leg.mt.gov/bills/mca/title_72/. You should review the specific statutory sections that apply to petitions, notice, and administration of estates when preparing a response or objection.

Common legal grounds to challenge a petition for possession or control

• Improper service or lack of notice: Montana law requires proper notice to interested persons. If you were not served according to the statutes or court rules, you can challenge jurisdiction or seek additional notice.
• The petitioner lacks authority: The petitioner may not be the appointed personal representative (executor/administrator) or may not have been properly qualified.
• Fraud, forgery, or undue influence: If the petition relies on a forged instrument or a will obtained by undue influence, you can contest validity.
• Failure to comply with fiduciary duties: If the petitioner previously handled estate assets improperly or failed to post required bond or file inventories/accountings, you can object.
• Conflicting claims to property: A third party or another heir may have a superior claim (title, lien, or contract).
• Premature relief: The court may not grant possession if the request is premature (for example, before appointment of a personal representative or before statutory notice periods expire).

Practical step-by-step process

Below are typical steps to challenge a petition. Deadlines and exact procedures vary; act quickly.

1. Read the petition and all supporting documents carefully. Note what relief is requested, what facts the petitioner alleges, and who was served.
2. Confirm notice and service. Check the court file for a proof of service. If you did not receive proper notice, file a written objection and ask the court to set aside action taken without proper notice.
3. File a formal written objection or response. Montana probate procedure generally requires filing a written objection or similar pleading that specifically states the grounds for opposition and the relief sought.
4. Request a hearing. Ask the court for a hearing on the petition. If the petitioner seeks immediate possession of property, request an expedited hearing and consider asking for temporary protective orders (see next).
5. Consider seeking temporary relief to preserve assets. If estate property is at risk of removal, sale, or waste, ask the court for a temporary restraining order, injunction, or an order that property be preserved or held by a neutral custodian pending the hearing.
6. Collect and preserve evidence. Preserve documents, photographs, communications, appraisals, title documents, medical records (if capacity is at issue), and witness contact information.
7. Use discovery when appropriate. Serve requests for production, interrogatories, and subpoenas for relevant records; depositions may be available in contested probate matters depending on the court’s rules.
8. Prepare witnesses and expert proof. Medical experts for capacity questions, forensic document examiners for suspected forgery, and valuation experts for contested property values can be critical.
9. Attend the hearing and/or negotiate resolution. Many contested probate matters settle after exchange of documents and a hearing. If settlement is not possible, be prepared for trial evidence and legal argument.

Evidence and proof you will need

Which evidence matters will depend on your grounds for opposition:

• Proof of lack of notice or improper service (affidavits, mail receipts, returns of service).
• Title documents, property deeds, lease agreements, and bills of sale.
• Communications (emails, letters, texts) that show intent, fraudulent conduct, or contested facts.
• Medical records or expert opinions if capacity or undue influence is at issue.
• Forensic document analyses if you suspect a forged will, signature, or alteration.
• Accounting records and bank statements if the issue concerns misappropriation or improper handling of estate assets.

Possible outcomes

• The court denies the petition and the petitioner does not receive possession or control.
• The court conditions temporary possession on posting of bond or other protections for the estate.
• The court allows limited or supervised possession (e.g., an inventory and accounting requirement, appointment of a neutral custodian).
• The court removes or replaces the proposed personal representative and names a different fiduciary.
• The parties reach a negotiated settlement or mediation agreement.

Timing and deadlines

Probate matters can have short deadlines for objections and for emergency relief. File your objection and request a hearing as soon as possible after learning about the petition. If you delay, the court may have already granted relief to the petitioner.

When to get a lawyer

Contested probate frequently involves complex rules of evidence, tight deadlines, and high-value property. A lawyer experienced in Montana probate practice can help you evaluate your case, draft pleadings, handle discovery, and make effective arguments to the court.

Hypothetical example

Hypothetical facts: A decedent owned a house and several bank accounts. A person files a petition asking the court for possession of the house and control of the accounts as the decedent’s personal representative. The decedent’s adult child was not notified and believes the paperwork contains a forged signature.

How to respond:

1. Check the court file for proof of service. If no valid service, immediately file an objection for lack of notice and ask for a hearing.
2. File an objection alleging forgery and request the court to order a forensic handwriting analysis and to prohibit transfer or sale of the house pending resolution.
3. Seek a temporary order that the bank not release funds and that the house not be sold or transferred until the court rules.
4. Gather documents (deed, will, prior signatures) and identify witnesses who can attest to the decedent’s signature or the petitioner’s interactions with the decedent.

Helpful hints

• Act fast: Probate petitions can move quickly. Missing a deadline can forfeit your right to object.
• Preserve evidence: Make copies of documents, emails, texts, bank statements, and photographs. Do not alter or destroy evidence.
• Do not remove or hide estate property: Doing so can create legal exposure and reduce your credibility with the court.
• Check the court file online or at the clerk’s office to confirm who was served and what orders the court has already entered.
• Request temporary protections (injunction, custodian, or bond) if you believe assets are at risk.
• Consider mediation: Many probate disputes can be resolved faster and at lower cost through settlement talks or mediation.
• Get legal help: An attorney can review the petition, file timely objections, preserve rights, and present evidence efficiently.
• Know who is an “interested person:” Montana probate rules treat heirs, beneficiaries, creditors, and certain others as interested persons who are entitled to notice and an opportunity to be heard.