Detailed answer — step by step under Montana law

1. Stop and gather documents

Find the most recent will, any codicils, and any later wills. Look for handwritten revocations, multiple copies, or proof of destruction. Gather the decedent’s deed, mortgage statements, tax bills, beneficiary designations, bank statements, and contact information for likely heirs.

2. Decide whether the will is still legally effective

Common problems with an “outdated” will:

• A later valid will or codicil may revoke the earlier one.
• The will might name fiduciaries who predeceased the decedent or who cannot serve.
• The will’s property descriptions may be obsolete (e.g., property sold, subdivided, or titled differently).

If there is any question about validity, you will need to present the will (or prove there is none) to the probate court so the court can determine what governs distribution.

3. Open probate and get letters of authority

To act on behalf of the estate you generally must have formal authority from the probate court. In Montana that means filing a petition to admit the will to probate and to appoint a personal representative (sometimes called an executor or administrator). After the court appoints the personal representative, the clerk issues Letters Testamentary or Letters of Administration. Those letters are what third parties (title companies, mortgage lenders, buyers) rely on to confirm authority to sell real property.

For Montana statutes on probate procedure and personal representative powers, see Title 72 of the Montana Code Annotated: https://leg.mt.gov/bills/mca/title_72/.

4. Powers to sell — when you can sell with the letters and when you need a court order

Two common situations:

• If the will expressly grants your appointed representative the power to sell estate real property, or Montana law/letters confer routine administrative powers, most title companies and buyers will accept the letters and a representative’s deed to complete a sale.
• If the will is silent or the property sale is to pay creditors, pay estate expenses, or is an unusual transaction (e.g., sale to a related buyer, sale before notice to heirs/creditors), you may need a court order specifically authorizing the sale. You should petition the probate court for authority and for approval of the proposed sale terms if requested by the court or title company.

Title companies typically require certified letters, a copy of the will admitted to probate, and often a court order where authority is unclear. If the estate will not have sufficient cash to pay debts and closing costs, the court can authorize sale of real property to satisfy those obligations.

5. Notice, creditor claims, and distributions

Before final distribution the personal representative must address creditor claims, pay allowable debts and taxes, and provide required notices under Montana probate rules. That process can affect whether and when property may be sold or distributed.

6. What to do if people contest the will or the sale

If an heir or other party alleges the will was revoked, forged, or superseded, the court may require a formal probate hearing. Contests can delay sales and may require interim court orders granting limited authority (for example, to preserve or maintain property) until the dispute resolves.

7. Practical closing issues buyers and title companies will expect

• Certified Letters Testamentary or Letters of Administration.
• Copy of the will as admitted to probate (or an order of intestacy if no valid will exists).
• A representative’s deed properly prepared and signed.
• Proof the personal representative complied with Montana notice and creditor procedures or a court order waiving or shortening those requirements.
• Clear title: if title is disputed, the title company may require a court order or title litigation resolution.

8. Taxes and basis issues

Selling estate property can trigger tax consequences (capital gains, estate tax reporting if applicable). When property is sold as part of probate, heirs often get a stepped-up (or stepped-down) basis as of the decedent’s date of death. Consult an accountant or tax advisor about federal and Montana tax consequences.

9. When to hire a probate attorney

Consider hiring a Montana probate attorney if any of the following apply:

• The will’s validity is in doubt or there are multiple competing wills.
• Multiple heirs disagree about selling or distribution.
• Creditors or complex taxes are involved.
• Title companies require a court order or you foresee litigation.

Montana’s probate rules and local practices vary by county. An attorney can file the right petitions, obtain the letters, and — where needed — secure a sale order from the court.

10. Helpful Montana links

• Montana Code Annotated, Title 72 (probate and related proceedings): https://leg.mt.gov/bills/mca/title_72/
• Montana Supreme Court / Courts website (for self-help and forms): https://courts.mt.gov/
• Montana Department of Revenue (tax questions): https://mtrevenue.gov/

Helpful Hints

• Start by locating the latest will and any codicils; dates matter.
• Contact the probate clerk in the county where the decedent lived for local filing rules and required forms.
• Do not sign or record any deed transferring estate real property until you have letters or a court order.
• If urgent repairs or a pending sale are time-sensitive, ask the court for interim authority to preserve, market, or sell property.
• Get a written payoff statement for any mortgage before agreeing to a sale.
• Notify all potential heirs and likely creditors early to reduce surprises and reduce the chance of contest-related delays.
• Keep detailed records and receipts of estate-related expenses — the estate may be reimbursed.
• When in doubt, consult a Montana probate attorney — small errors can delay closings or create personal liability for the representative.