Detailed Answer — Step-by-step process

When a spouse dies, you may not need a full probate administration if the decedent left no assets titled in their name alone. You still may want or need a court order to formally close any opened estate or to confirm that no probate is required. Below are common steps and the kinds of proof courts typically accept in Montana.

1. Confirm whether probate is required.

   Start by checking whether any property remains solely in the decedent’s name. Common probate assets include real estate titled only in the decedent’s name, bank or investment accounts without payable-on-death (POD) or transfer-on-death (TOD) designations, vehicles titled only in the decedent’s name, and certain retirement accounts or life insurance policy proceeds payable to the estate.

   If all property passed outside probate (joint tenancy with right of survivorship, POD/TOD designations, beneficiary designations, or community property transfer), the estate may have no probate assets and may not require a full administration.

2. Gather documentary proof showing zero probate assets.

   Courts will want specific evidence. Useful documents include:

   • Certified copy of the death certificate.
   • Bank letters or statements showing zero balances or that accounts were closed and not payable to the estate.
   • Written confirmation from financial institutions that no accounts are held solely in the decedent’s name or that beneficiary/POD/TOD designations exist.
   • Property deed searches or county assessor records showing real property is not titled in the decedent’s name.
   • Vehicle title inquiries showing vehicles are not titled to the decedent.
   • Copies of beneficiary designations for life insurance, retirement plans, and transfer-on-death registrations.
   • A sworn affidavit from the surviving spouse (or personal representative) describing searches made and stating, under penalty of perjury, that no assets requiring probate exist.
3. Decide whether to file a formal petition or use a summary/simplified process.

   If no probate assets exist, Montana courts and clerks often allow a simplified filing to have the court enter an order finding that no administration is necessary or to close an opened estate. If an estate was already opened, you can file a petition to close the estate and a proposed order. Typical filings include:

   • Petition for Determination that No Administration Is Necessary (or similar short petition).
   • Affidavit of Surviving Spouse or Affidavit of Personal Representative stating facts supporting a zero estate.
   • Proposed order for the judge to sign.

   Check with the county district court clerk for local forms and filing requirements. Montana’s probate statutes govern formal administration; see Montana Code Annotated, Title 72 (Probate) for statutory framework: https://leg.mt.gov/bills/mca/title_0720/

4. Provide notice if required.

   Even where an estate appears to have no assets, you may need to give notice to potential heirs or creditors before the court closes an estate. If an estate administration was opened, Montana law sets procedures and notice requirements for creditor claims and heirs. Consult the local court clerk about whether you must publish notice or serve named persons in your case.

5. File a final accounting or affidavit and request discharge/closing order.

   If an estate has been opened, file a final report/accounting (even if it shows no assets), an affidavit attesting that there are no remaining assets or unpaid obligations, and a proposed order closing the estate and discharging the personal representative. If all heirs consent and no creditor claims exist, the court will usually sign an order closing the estate.

6. Keep the court’s order and supporting documents.

   Obtain certified copies of the closing order. Keep them with your records—some institutions (title companies, government agencies, or banks) may want proof that the estate was closed or that no administration was required.

7. When in doubt, open a limited or summary administration.

   If you find a small asset or a question exists about beneficiaries, it is safer to open a limited or summary probate or to consult counsel. A short, inexpensive probate may prevent later disputes or creditor claims.

Statutory reference: Montana’s probate law is found in Title 72 of the Montana Code Annotated. For the statutory framework on probate administration and the court’s powers, see: https://leg.mt.gov/bills/mca/title_0720/

Helpful Hints

• Start with a certified death certificate—many institutions will not speak with you without it.
• Make a list of banks, safe-deposit boxes, brokers, insurers, and retirement accounts and contact each in writing; keep copies of all responses.
• Obtain a title search or check county assessor records for real estate or contact the county clerk and recorder.
• Ask each financial institution for a short, signed letter stating whether any account exists solely in the decedent’s name and whether it was payable to a beneficiary or joint owner.
• Use sworn affidavits describing searches and results; courts rely heavily on documented, sworn statements when no assets appear.
• Consult the local district court clerk early—procedures, local forms, and filing fees vary by county in Montana.
• Check Montana’s unclaimed property database in case assets were turned over to the state: https://sfsd.mt.gov/Unclaimed-Property
• If you anticipate creditors, consider a brief probate filing to trigger the statutory creditor notice period and limit personal liability.
• Keep copies of everything. If a dispute arises later, clear records and a court order that the estate had no probate assets protect the surviving spouse.