Detailed Answer
When someone dies without a will in Montana, the district court appoints an administrator based on a strict priority list under Mont. Code Ann. § 72-3-201. That list begins with the surviving spouse, then children, parents, siblings, and so on. If a higher-priority heir exists, you can still secure appointment as administrator only if that heir either steps aside or is deemed ineligible. Below are the key steps:
- Confirm the statutory priority. Review Mont. Code Ann. § 72-3-201 (§ 72-3-201) to determine who ranks above you.
- Obtain a written renunciation. A higher-priority heir may sign and file a renunciation under Mont. Code Ann. § 72-3-206 (§ 72-3-206). Once filed, that heir no longer blocks your appointment.
- Show disqualification or unsuitability. If an heir is under age, incapacitated, convicted of a serious crime, a nonresident, or otherwise unfit, the court may disqualify them under Mont. Code Ann. § 72-3-204 (§ 72-3-204).
- File your petition for appointment. Use Mont. Code Ann. § 72-3-301 (§ 72-3-301). Attach any renunciations or evidence of disqualification. Serve notice on all interested parties as required by the court.
- Attend the hearing and secure letters of administration. If no qualified higher-priority heir steps forward or objects within the notice period, the judge will issue letters of administration in your favor.
By following these steps—obtaining renunciations or disqualifications and filing a complete petition—you can become administrator even when a higher-priority heir exists.
Helpful Hints
- Contact higher-priority heirs early and request a written renunciation.
- Gather documentation of any heir’s incapacity, criminal conviction, or nonresidency.
- File your petition promptly—probate rules impose strict deadlines.
- Serve all required notices and keep proof of service.
- Prepare to attend a court hearing if an heir objects.
- Review local court rules for filing fees and form requirements.
- Keep clear records of all communications and filings.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Montana attorney to discuss your specific circumstances.