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Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Montana for assistance with probate administration.

Detailed Answer

When administering an estate under Montana law, you must locate and submit the decedent’s original will or, if the original is unavailable, a certified filed copy. Follow these steps:

1. Locate the Original Will. Check the decedent’s personal papers, safe deposit box, or the office of their attorney. Montana law presumes the original will is the valid document. If you find it after probate has started, you must submit it immediately.
2. Determine If Only a Filed Copy Exists. If the original is lost, stolen, or destroyed, obtain a certified copy from the clerk of the district court where the will was first filed. You may request this copy in person or by mail.
3. File a Petition for Probate. To admit the will to probate, file a petition under Mont. Code Ann. § 72-3-202 (Petition to Probate Will). Include the following with your petition:
   • Original will or certified filed copy
   • Certified copy of the decedent’s death certificate
   • Names, addresses, and relationships of heirs and beneficiaries
   • Probate filing fee
4. Submit the Original Will or Certified Copy. Under Mont. Code Ann. § 72-3-303 (Who May Present Will), any interested person or the personal representative must present the original will to the court within two business days after discovering it. If only a filed copy is available, attach a certified copy of the court file and a statement explaining the original’s absence.
5. Serve Notice on Interested Parties. After filing, the clerk issues notice of the probate hearing. Montana law requires you to serve notice to heirs, devisees, beneficiaries, and creditors at least 14 days before the hearing (Mont. Code Ann. § 72-3-310).
6. Attend the Probate Hearing. At the hearing, the court will verify the will’s authenticity, ensure proper notice, and admit the will to probate. Once admitted, the clerk will file the will and return the original to the personal representative for safekeeping.

Helpful Hints

• Search attorneys’ offices and safe deposit boxes first—statutes favor original wills.
• If the original is missing, document efforts to find it before using a filed copy.
• Keep certified copies of all filings and orders.
• Note deadlines: present the original within two business days and serve notice 14 days before the hearing.
• Consider hiring a probate attorney to avoid common procedural errors.