Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
1. Overview of Final Accounting Deadlines in Montana
Under Montana law, a personal representative must file a final accounting with the court within 60 days after service of the notice of preliminary distribution. See Mont. Code Ann. § 72-3-719. The final accounting reports all receipts, disbursements, distributions and fees related to estate administration.
2. Grounds and Timing for an Extension Request
If you cannot meet the 60-day deadline, you must petition the court for an extension before the deadline expires. Common grounds include:
- Ongoing creditor claims or litigation
- Difficulty locating or valuing assets
- Complex tax issues or pending audits
- Disputes among beneficiaries
File your petition at least two weeks before the existing deadline to allow the court time to schedule any hearing.
3. Procedure to Request an Extension
- Prepare a Motion or Petition: State the current deadline, describe the specific reasons for the delay and propose a new reasonable deadline (for example, an additional 30–60 days).
- Serve Notice: Serve the motion on all interested parties—including beneficiaries, creditors and heirs—pursuant to Mont. R. Civ. P. 5 or local probate rules.
- File with the Court Clerk: Submit the motion to the clerk of the district court where the probate is pending, along with any required filing fee.
- Attend Hearing (if scheduled): The court may set a hearing to consider objections. Be prepared to explain your reasons and provide supporting documents.
- Obtain a Court Order: If the judge finds good cause, the court will issue an order extending the deadline by the period specified in your motion.
4. After the Extension Is Granted
Once the court signs the extension order, you must file the complete final accounting by the new deadline. Failing to comply may lead to sanctions, removal of the personal representative or surcharge under Mont. Code Ann. § 72-3-719.
Helpful Hints
- Start preparing your motion at least 30 days before the deadline.
- Attach a draft of your incomplete accounting to show progress and good faith.
- Communicate with beneficiaries to minimize objections.
- Keep detailed records of asset collection, distributions and professional fees.
- Consider consulting a probate attorney if your estate involves real estate, out-of-state assets or complex tax issues.