Detailed Answer
Before opening probate in Montana, you must locate and verify the decedent’s original will and any codicils. Follow these key steps to ensure the correct document is admitted to probate:
- Review Attorney and Personal Records: Contact any attorney, trust officer, or financial planner who advised the decedent. Examine home files, digital vaults, cloud storage, and personal journals for references to the will’s location.
- Search Court Deposits: Under Mont. Code Ann. §72-2-502, a testator may deposit a will with the clerk of district court. Section 72-2-503 permits third-party deposits. Contact the clerk’s office in the county where the decedent lived to request a search.
- Locate Safe Deposit Boxes: Decedents often store wills in bank safe deposit boxes. Banks typically require a court order or joint account holder’s permission after death. File a short petition with the district court to gain access if necessary.
- Check Will Registries and Digital Services: Some testators register their wills with services such as the National Will Registry. Search any known registry or subscription service the decedent used.
- Address Lost or Destroyed Wills: If the original cannot be found, Montana law allows admission of a copy upon proper proof. File a petition under Mont. Code Ann. §72-2-514, presenting evidence of the will’s due execution and demonstrating that it was not revoked by the testator.
Verifying Authenticity
Once you locate a will or codicil, confirm its validity by checking:
- The testator’s signature and date, witnessed by two competent individuals.
- Presence of a self-proving affidavit under Mont. Code Ann. §72-2-508, which streamlines probate.
- Absence of obvious alterations, forgeries, or signs of undue influence.
- Certification by the district court clerk following statutory procedures.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Montana attorney for guidance specific to your situation.
Helpful Hints
- Maintain a spreadsheet of all professionals (attorneys, banks, trustees) who may hold estate documents.
- Ask close relatives or friends if they recall discussions about document storage.
- Search the decedent’s email, cloud accounts, and password manager for digital references.
- Consider hiring a probate researcher to conduct a thorough inquiry.
- Keep copies of all court filings, orders, and correspondence organized for reference.