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When a decedent’s bank accounts remain active and co-heirs won’t cooperate, Montana law lets you secure those assets through the probate court. You must become the decedent’s legal representative or use a small-estate procedure if the total personal property (excluding real estate) is under $50,000.

1. Determine the Appropriate Procedure

Formal Probate: Use when the estate exceeds $50,000 or when heirs dispute. You petition the district court for appointment as personal representative under Montana Code Annotated (MCA) § 72-3-112. MCA § 72-3-112

Small-Estate Affidavit: For nonreal property under $50,000. Heirs may file an affidavit in district court to collect bank accounts without formal probate per MCA § 72-2-112. MCA § 72-2-112

2. Formal Probate Steps

1. Death Certificate: Obtain a certified copy from the county vital records office.
2. Petition for Appointment: File in the decedent’s county. List all heirs and their addresses.
3. Bond and Oath: Post bond if required by the court and swear an oath to faithfully perform duties.
4. Letters of Administration or Testamentary: Once appointed, the court issues certified letters authorizing you to act for the estate.
5. Secure Bank Accounts: Present certified letters, the death certificate, and your photo ID to each financial institution. They must freeze or transfer accounts into the estate’s name.

3. Small-Estate Affidavit Steps

1. Verify Estate Value: Confirm total personal property under $50,000 (excluding real estate).
2. Prepare Affidavit: List the decedent’s assets, heirs, and their interests.
3. File and Serve: File the affidavit with the district court and serve notice to all heirs.
4. Collect Funds: Present the court-filed affidavit, death certificate, and photo ID to the bank. The institution may release funds directly to the heirs per their share.

4. Addressing Uncooperative Co-Heirs

If co-heirs block the process, you can:

• Ask the court for specific instructions or an order under MCA § 72-3-121 to resolve disputes.
• Request the court to grant you exclusive authority to manage or liquidate assets.
• File a petition for breach of fiduciary duty if a co-heir previously appointed as representative fails to act.

Disclaimer

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.

Helpful Hints

• Obtain multiple certified copies of the death certificate.
• Keep detailed records of all filings and communications.
• Confirm bank procedures in advance—they vary by institution.
• Check local court rules for filing fees and bond amounts.
• Consider mediation if heirs disagree on distributions.