Detailed Answer
Under Montana law, a personal representative must inventory estate assets within 90 days of appointment and file a final accounting before closing the estate. Montana Code Annotated (MCA) Section 72-3-111 requires an inventory and appraisal. MCA Section 72-3-118 requires the personal representative to file a final account, notice of hearing, and serve each interested person a copy of the accounting.
Montana does not mandate routine interim accountings unless the court orders one. However, any interested person may petition the court at any time for an accounting. If the court orders interim or special accountings, the personal representative must serve copies on all interested persons.
As an interested person—such as an heir, beneficiary, or known creditor—you have a right to receive the estate accounting(s) filed with the court. If the personal representative fails to provide a copy, you can request it from the court clerk or file a petition to compel under MCA 72-3-118. The court may sanction or remove a representative who neglects these duties.
Helpful Hints
- “Interested person” includes heirs, beneficiaries, or known creditors. See MCA 72-1-101 for definitions.
- Inventories are due 90 days after appointment; final accounting is due before estate closing.
- Interim accountings occur only if the court orders them.
- Request copies directly from the probate clerk if the representative won’t provide them.
- You can petition the court to compel an accounting under MCA 72-3-118.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.