Detailed answer — how intestate succession and claiming a share typically work in Montana

If your mother died without a will (that is, intestate), Montana law determines who inherits her property. The general process is:

1. Identify whether probate is required.

   Not all assets pass through probate. Assets with named beneficiaries (life insurance, IRAs, payable‑on‑death bank accounts) and property held jointly typically pass outside probate. Property titled solely in your mother’s name may need to go through probate so a personal representative can collect assets, pay debts, and distribute what remains to heirs under Montana’s intestacy rules.

2. Find out who the heirs are under Montana law.

   Montana’s intestate succession rules identify which relatives inherit and in what order—commonly the surviving spouse, children, parents, siblings, and more remote relatives if there are no closer heirs. The Montana Code addresses descent and distribution; see the Montana Code (Title 72) for the governing provisions: Montana Code Annotated (leg.mt.gov).

3. Locate or petition for a personal representative (executor).

   If a personal representative (PR) was named in a will, that person petitions the court to be appointed. If there is no will, Montana’s district court appoints an administrator (often called a personal representative) — usually a close family member who petitions the court. If someone is already appointed, contact that person to request information about the estate and expected distributions. If no one has been appointed, an heir can petition the county district court where your mother lived to be appointed as administrator.

4. Provide proof of your status as an heir and claim your share.

   Once an administrator is appointed and the estate enters probate, the personal representative will identify heirs, notify creditors, file an inventory, pay lawful debts and expenses, and then distribute the estate according to intestacy rules. As an heir you should:

   • Provide the personal representative with documents proving your relationship (birth certificate, family records).
   • Ask the PR for a copy of the court paperwork (letters of appointment) and the estate inventory and accounting.
   • If the PR refuses to act or denies your claim, you may file a petition in district court to compel distribution, remove a PR who is not performing, or ask the court to appoint a different administrator.
5. Consider small‑estate procedures if applicable.

   Montana law provides simplified procedures for smaller estates so heirs can collect assets without full probate in some situations. Check Montana’s probate rules or ask the county court clerk whether a small‑estate affidavit or simplified procedure applies.

6. If there’s a dispute, use the court process.

   Disputes over who is an heir, the validity of beneficiary designations, creditor claims, or the personal representative’s conduct are resolved by filing motions in the district court handling the probate. Timely legal action is important—statutes of limitation and court deadlines apply.

For the statutory framework that governs probate and intestacy in Montana, see the Montana Code Annotated (probate sections, Title 72): https://leg.mt.gov/. For practical court forms and local procedures, check the Montana Judicial Branch self‑help and probate pages: https://courts.mt.gov/.

Typical timeline: Simple uncontested estates may be resolved in a few months; larger estates or contested matters commonly take 6–18 months or more. The personal representative has duties to notify creditors and heirs and to follow court procedures, so expect formal filings and published notices in many cases.

What you can do right now:

• Obtain several certified copies of the death certificate from the funeral home or county vital records office.
• Collect proof of your relationship (birth certificate, family Bible, old mail showing names, etc.).
• Make a list of your mother’s assets and where she banked, insurer names, titles, and safe‑deposit boxes.
• Contact the county district court clerk in the county where your mother lived to ask whether a probate case has been opened and for the local procedures and forms.

Helpful hints

• Get certified death certificates early — many institutions require originals or certified copies before transferring assets.
• Search for beneficiary designations (pensions, retirement accounts, life insurance). Those pass outside probate to named beneficiaries.
• Ask the personal representative for written notice of the estate inventory and an accounting; these are often required by law.
• If you suspect hidden assets or bad administration, document your concerns and consider asking the court for an accounting or to remove the PR.
• If the estate seems small, ask the court clerk whether Montana’s simplified or small‑estate procedures apply to avoid full probate.
• Keep careful records of communications and copies of all documents you submit or receive from the estate.
• When in doubt, consult a Montana probate attorney — especially if there are disputes, complex assets, or significant debts.