FastCounsel

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

When a person dies in Montana, their estate often must go through probate. Probate is the court process that settles debts and distributes assets to heirs. The individual appointed by the court to oversee this process is called the personal representative (sometimes called executor or administrator).

Montana law sets a strict order of priority for who may serve if the decedent did not name a personal representative in a valid will. Under Montana Code Annotated §72-3-304, the court will appoint, in order:

1. The person nominated in the will, if willing and qualified;
2. Surviving spouse or domestic partner;
3. Children of the decedent;
4. Parents of the decedent;
5. Issue of deceased children (grandchildren);
6. Siblings of the decedent;
7. Issue of deceased siblings (nieces and nephews);
8. Other heirs of the decedent under intestate succession;
9. A creditor who has filed a demand for notice;
10. Any other suitable person.

As a mother-in-law, you are not listed among the decedent’s direct relatives or heirs under intestacy statutes. However, you may still serve if:

• The decedent’s will specifically names you as personal representative;
• No one in the higher priority categories is willing or able to serve, and the court finds you a “suitable person.” Under MCA §72-3-304(9), the court may appoint any other suitable person when closer relatives or creditors have been considered.

If you pursue appointment, you must file a petition with the probate court in the county where the decedent lived, notify interested parties, and typically post a bond. If an interested party objects, the court will hold a hearing to determine who best fits the statutory order of priority and who is qualified and able to administer the estate.

Hypothetical Example

Sarah’s son, David, dies without a will. He is not married and has no children. His surviving parents and siblings live out of state and decline to serve. Sarah’s daughter-in-law asks the court to appoint her. Because no higher-priority individuals are willing and the daughter-in-law is a suitable person in interest, the court may grant her appointment under MCA §72-3-304(9).

Helpful Hints

• Review any will to see if you’re named executor.
• Determine whether closer relatives (spouse, children, parents, siblings) are available.
• Understand that in-laws rank low under Montana’s priority list.
• Be prepared to post a bond and file a detailed inventory with the court.
• Consider consulting an attorney if disputes arise or if you’re unfamiliar with probate duties.