Detailed Answer

Under Montana law, a personal representative (sometimes called an executor or administrator) serves as a fiduciary for an estate. If the court finds cause—such as misconduct, failure to account, conflict of interest, or incapacity—it may remove the personal representative. This process is governed by Montana Code Annotated § 72-3-725. Once removed, the former representative may appeal, but must follow Montana’s appellate procedures and deadlines.

1. Removal of a Personal Representative (MCA § 72-3-725)

Montana Code Annotated § 72-3-725 authorizes removal of a personal representative for:

• Failure to comply with Montana probate statutes
• Breach of fiduciary duties
• Mismanagement of estate assets
• Conflict of interest or misconduct
• Other “good cause” shown to the court

See the full statute here: MCA § 72-3-725.

2. Is the Removal Order Appealable?

Yes. An order removing a personal representative is typically a final, appealable order because it ends the former representative’s role and often appoints a successor. Montana’s Rules of Appellate Procedure, Rule 4(b)(1), require filing a Notice of Appeal within 30 days of the entry of the removal order.

3. Appeal Procedure and Timeline

1. Obtain a Certified Copy of the removal order from the clerk of the district court.
2. File a Notice of Appeal in the district court that issued the order. Under M. R. App. P. 4(b)(1), you generally have 30 days from the date the order is entered to file.
3. Pay Filing Fees or submit a fee waiver if financially eligible.
4. Prepare the Record on appeal, including transcripts of the removal hearing and all probate filings relevant to the order.
5. File Briefs according to the Montana Rules of Appellate Procedure (see Rule 10 for appellant’s brief, Rule 11 for respondent’s brief).
6. Oral Argument may be granted at the discretion of the Montana Supreme Court.

4. Common Grounds for Appeal

• Abuse of discretion by the trial judge
• Insufficient evidence to support removal
• Denial of due process (e.g., lack of proper notice or opportunity to be heard)
• Procedural errors in conducting the removal hearing

5. Practical Tips

1. Act quickly—strict deadlines apply.
2. Consult an attorney experienced in probate appeals.
3. Gather all estate records promptly.
4. Seek extensions only sparingly and early.
5. Follow formatting rules for briefs to avoid rejection.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. You should consult a licensed attorney in Montana to address your specific situation. No attorney-client relationship is created by this FAQ.

Helpful Hints

• Double-check the appeal deadline—requests for late appeals are rarely granted.
• Review MCA § 72-3-724 for notice requirements before removal.
• Consider mediation with interested parties to avoid an appeal.
• Maintain clear records of all estate transactions and communications.
• Mark all court filings as “Probate Cause No. ____” to ensure proper processing.