Detailed Answer
Under Montana law, a probate court must serve court orders and notices on all interested parties to advance a probate case. “Interested parties” include heirs, beneficiaries, and creditors. See Mont. Code Ann. § 72-1-103.
For hearings on probate petitions or motions, the personal representative or petitioner must serve a copy of the order fixing the hearing date on each known interested party at least 20 days before the hearing, unless the court orders a shorter period. See Mont. Code Ann. § 72-1-206. Service may occur by:
- Personal delivery to the party or their attorney; or
- Certified mail, return receipt requested, to the party’s last known address.
For parties whose names or addresses are unknown, the petitioner must publish notice once a week for three consecutive weeks in a newspaper of general circulation in the county where the estate is administered. Publication must conclude at least 20 days before the hearing. See Mont. Code Ann. § 72-1-206(2).
After service, the server completes an affidavit or certificate of service, showing the date, method, and person served. File the affidavit with the court promptly. The court will not proceed without proof of proper service.
Once a final order or decree issues, serve it on all interested persons under Montana Rules of Civil Procedure 5(b). You can mail a copy by first-class or certified mail and then file a certificate of mailing.
Helpful Hints
- Verify each party’s address before mailing. Inaccurate addresses delay your case.
- Keep original return receipts and affidavits; the court may request them.
- Start service early. Montana law sets firm deadlines.
- If a party resides out of state, use certified mail with an extended mail window.
- Consult probate court clerks for local publishing options when addresses are unknown.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.