Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Montana for guidance tailored to your situation.
Detailed Answer
1. Understand Montana’s Probate Framework
In Montana, the probate process typically begins in the county where the decedent was domiciled. Title to real property passes by operation of law under the Montana Uniform Probate Code (MUPC). Personal property (bank accounts, investments, vehicles) also falls under the primary probate, regardless of where it is located, provided the decedent was domiciled in Montana.
2. Identify Asset Situs and Types
• Real property: Probate in each county where land is located (MCA 72-3-116: Ancillary Administration).
• Intangible personal property: Administered in the domicile county unless held outside the state. Out-of-state intangible assets may require ancillary probate or a simple transfer using Montana’s letters testamentary (MCA 72-1-301).
3. Open Primary Probate in Domicile County
• File a petition for probate in the decedent’s home county.
• Appoint a personal representative and obtain letters testamentary or of administration.
• Inventory all assets, noting location and type.
4. Initiate Ancillary Proceedings for Real Property
• If the decedent owned real property in multiple Montana counties, file ancillary probate petitions in each county. See MCA 72-3-116: Ancillary Administration.
• Submit certified letters testamentary from the primary probate to each ancillary court.
• Pay local filing fees and publish notice if required by that county’s local rules.
5. Address Out-of-State Assets
• For out-of-state real property, open an ancillary estate in the state where the property sits.
• Present Montana letters of administration, certified and apostilled, per the foreign state’s probate procedures.
• Coordinate with local counsel if unfamiliar with that state’s rules.
6. Coordinate Multiple Administrators
• Keep a master calendar of all deadlines: inventories, creditor claims, filings.
• Provide regular accountings to each court as required by Montana law (MCA 72-3-711).
• Seek consolidation of accounting and distribution when possible to reduce duplication.
Helpful Hints
- Start early: Multi-county probates can extend timelines.
- Use a spreadsheet to track asset location, court deadlines, and fee schedules.
- Consult local court clerks: County probate rules can vary.
- Obtain certified copies of death certificate for each ancillary filing.
- Consider bonding requirements: Some counties demand a bond for ancillary administrators.
- Review Montana Revised Code: Title 72 covers probate rules and ancillary procedures.