Quick answer

No single, universal “yes” applies. In Montana, whether you must publish a 3‑month notice to creditors before selling your mother’s house depends on (1) whether the estate is being handled through formal probate or a simplified/small‑estate procedure, and (2) whether you have legal authority to transfer title. In most cases, you cannot simply sell real property owned by a deceased person without court authority (or properly executed documents vesting title). Publication of a notice to creditors typically applies in formal or summary probate administrations, and the timing and method are governed by Montana probate rules.

Why this matters

Selling real property requires clear title. If the decedent’s name remains on the deed, a buyer and title company will want proof that whoever signs has authority to transfer title (for example, a personal representative’s letters or a court order). Creditors’ claims can affect the estate’s assets. A published notice to creditors gives known and unknown creditors an opportunity to present claims against the estate before assets are distributed or sold.

How Montana handles creditor notice and small estates (what to know)

• Montana’s probate laws are found in the Montana Code Annotated, Title 72 (Probate, protective proceedings, and fiduciary administration). For the code and specific provisions, see the Montana Legislature’s MCA pages: https://leg.mt.gov/bills/mca/ (see Title 72).
• There are different procedures: formal administration (full probate), summary/short administration, and small‑estate procedures. Which one applies depends on the estate’s assets, the presence of a will, and the county court’s rules.
• Many states restrict small‑estate affidavits to personal property (bank accounts, vehicles, small items) and do not allow transfer of real estate by a small‑estate affidavit. Even where real property can be transferred, most title companies and buyers want court confirmation or a personal representative’s authority.
• Montana statutes and court forms describe notice to creditors and required timing for claims. Court clerks and Montana self‑help resources can point you to the exact steps for your county. See Montana Courts self‑help resources: https://courts.mt.gov/selfhelp.

Typical scenarios — what will likely happen in Montana

Below are three common fact patterns and the usual implications.

1) Estate is small, and you seek to use a small‑estate or summary procedure

If the total probate estate (assets subject to probate) is below the statutory threshold for Montana’s simplified procedure, you may be able to collect personal property without full probate. However, selling real property often requires either: (a) the estate go through formal probate with appointment of a personal representative, or (b) a court order specifically authorizing sale. In short: the small‑estate affidavit route rarely allows you to sell a house free of additional court approvals.

2) There is a will and you are the named personal representative (executor)

If you are appointed by the probate court and receive Letters of Personal Representative (or Letters Testamentary), you will have legal authority to act for the estate. Courts normally require that notice to creditors be published or otherwise given so creditors can present claims. You should follow the court’s instructions about timing before selling major assets.

3) No will, family wants a quick sale to preserve property value

Even if everyone agrees to sell, most title companies will want court‑issued authority or a deed signed by the proper fiduciary. Trying to sell without court authority risks the buyer and title company refusing to close or future claims by creditors or heirs.

Practical steps to take now

1. Check whether your mother left a will and whether it names a personal representative. If so, file the will with the probate court in the county where she lived.
2. Contact the probate court clerk in the decedent’s county for local rules and forms. Montana Courts have self‑help pages and probate forms at https://courts.mt.gov/selfhelp.
3. Ask whether the estate qualifies for Montana’s simplified/small‑estate procedure, and whether that procedure allows transfer of real property. If the estate does not qualify, you will likely need to open formal probate and receive Letters before selling the house.
4. If you open probate or are appointed, follow the court’s requirements on notice to creditors. Courts commonly require publication and/or mailed notice; the exact period and method will be set by statute and local rules.
5. Before listing the house, talk with a probate attorney or a title company to confirm what documents they will require to insure title for a buyer.

Helpful Hints

• Do not try to sell the house using only a death certificate and family agreement—most buyers and title insurers will refuse without legal authority.
• Contact the probate court clerk early. County clerks can tell you whether your situation likely qualifies for simplified administration and the paperwork for notice to creditors.
• Keep an inventory of the decedent’s assets and a list of known creditors. That will speed any administration and help determine whether a full creditor notice period is needed.
• Be aware of timelines. If the court orders publication or sets a claim period, distributing or disposing of assets before that period expires can expose you to liability for unpaid claims.
• Talk to a probate or estate attorney if the estate includes real property, significant assets, or disputes among heirs. An attorney can often get a court order that allows a sale with buyer protections (escrow, sale subject to court confirmation, etc.).
• When in doubt, a title company can often tell you what documentation it will need to issue a marketable title policy to a buyer.

Where to find the Montana law and forms

Montana statutes and probate code are available at the Montana Legislature’s website: https://leg.mt.gov/bills/mca/ (see Title 72 for probate). Montana Courts provide self‑help and local probate forms: https://courts.mt.gov/selfhelp. These resources can point you to exact filing steps and notice requirements for your county.

When to consult an attorney

Consult a Montana probate attorney if the estate includes real property you want to sell, if the estate’s size and creditor issues are unclear, or if heirs disagree. An attorney can advise whether a small‑estate procedure will work, help obtain court authority to sell, and draft required notices and filings.