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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified probate attorney in Montana for advice tailored to your situation.

Detailed Answer

When a loved one dies in Montana, the personal representative (also called the executor or administrator) must notify all potential creditors so they have a chance to file claims against the estate. This process follows strict timelines and methods under Montana law.

1. Statutory Notice to Creditors

The personal representative must provide two types of notice:

• Publication Notice: Publish a notice once a week for three consecutive weeks in a newspaper of general circulation in the county where the decedent resided. See Mont. Code Ann. §727-3-802.
• Mail Notice to Known Creditors: Within two months after appointment, mail a copy of the notice to each creditor whose name and address are reasonably ascertainable. See Mont. Code Ann. §72-3-803.

2. Time Limits for Filing Claims

Creditors have limited time to file proofs of claim:

• Unpublished (unknown) creditors must file within four months after the first publication of the notice. See Mont. Code Ann. §72-3-805.
• Known creditors who received mailed notice have 60 days from the date of mailing to file their claim, but this deadline may extend to the four-month deadline if the longer period applies.

3. Medical Debt Collectors

Medical debt collectors are treated like other unsecured creditors. If a medical provider’s name and address are known or can be reasonably found, the personal representative must mail notice to that creditor. If not, the provider must rely on the publication notice. All claims, including medical debts, must meet the same filing deadlines.

4. Consequences of Late or Defective Notice

• Claims filed after the deadline are typically barred, and the estate will not pay them.
• A personal representative who fails to give proper notice may risk personal liability for estate debts.

Helpful Hints

• Start compiling a list of all possible creditors early, including medical providers.
• Choose a newspaper that qualifies as a paper of general circulation in the decedent’s county.
• Maintain proof of mailing: certified mail with return receipt.
• Track publication dates to calculate filing deadlines accurately.
• Consult an estate attorney if you have questions about notice requirements or creditor claims.