Disclaimer: This is general information only and is not legal advice. Consult a licensed Montana attorney about your specific case before relying on this information.

Detailed answer — step-by-step: filing and ensuring agreed distribution under Montana law

When parties reach a wrongful death settlement in Montana, taking the right procedural steps preserves the settlement, satisfies the court and third-party claims, and ensures the funds are divided exactly as you and the other beneficiaries agreed. Below are the practical steps you should follow and why each matters. For statutory background about wrongful death in Montana, see the Montana Code Annotated (search the wrongful death provisions): leg.mt.gov – Montana Code Annotated. For state court forms and filing information, see the Montana Judicial Branch: courts.mt.gov.

1. Get the agreement in writing, signed by all parties. A clear written settlement agreement should describe the total settlement amount, the net distribution to each beneficiary, timing of payments, who pays attorney fees and costs, and any releases and mutual promises. Include a clause describing how disputed splits will be resolved (mediation/arbitration) and whether payments are lump-sum or structured.
2. Confirm who must approve the settlement in court. In wrongful death suits, a judge often will need to approve dismissal or the distribution if the case is pending or if a representative of the decedent’s estate is involved. Your Montana attorney will file the proper motion or petition asking the court to approve the settlement and enter a judgment or order that reflects the agreed distribution.
3. File a motion or petition for court approval along with supporting documents. Typical filings include the settlement agreement (sometimes under seal), a joint motion or stipulated dismissal, a proposed order/judgment, and an accounting showing gross settlement, attorney fees, costs, liens, and proposed net distributions. The court uses those filings to ensure the agreement is fair and that distribution complies with Montana law and any statutory priorities.
4. Provide notice to interested parties and proposed order language. Montana courts expect notice to beneficiaries and other interested parties (probate heirs, next of kin, guardians for minors). The filings should include a proposed order that identifies the precise dollar amounts to be distributed to each person or entity and any conditions (for example, setting aside funds for a minor’s guardianship).
5. Address liens, subrogation, and government benefits before disbursement. Medical providers, insurers, Medicare/Medicaid, and workers’ compensation carriers may have liens or subrogation claims that must be resolved. Obtain written lien releases or a court-approved plan for satisfying those liens. Failure to clear liens can lead to later claims and reallocation disputes.
6. Ask the court to approve attorney fees and costs formally. In wrongful death cases attorney fees are commonly paid from the recovery. The court typically reviews fee petitions (or agreed fee percentages) and will authorize fee deductions in the judgment or order so distributions match the court-approved net amounts.
7. Use an escrow or Qualified Settlement Fund if needed. For complex disputes among beneficiaries, minors, or unresolved liens, ask the court or the parties to place settlement funds in an escrow or a court-controlled account until all conditions are satisfied. That prevents premature distributions and ensures funds are available for ordered disbursements.
8. Obtain a signed court order or judgment that precisely states the distribution. The single most important document is the court’s order/judgment approving the settlement and directing how the money is split. Make sure the order uses exact dollar amounts or a clear formula (for percentage splits) and addresses payment timing, offsets for fees and liens, and any funds reserved for minors or other contingencies.
9. Disburse funds consistent with the order and keep receipts. Have the escrow agent, trust officer, or attorney issue checks according to the court order. Keep certified copies of the order, wire confirmations, canceled checks, and releases for every payee.
10. File a final accounting or status report if required. Some Montana courts require or permit a post-disbursement accounting. File it promptly so the court record shows the settlement was paid and distributed exactly as ordered. Retain documentation for any future audits or creditor claims.

Following these steps reduces risk that the settlement will be challenged, that parties will receive the wrong amounts, or that outstanding liens will later reduce distributions. If the court-approved order contains errors, file a motion to correct or an agreed amended order before funds are disbursed.

Common Montana-specific issues to watch for

• Who has authority to settle: Confirm the person or personal representative executing the settlement has legal authority to release the decedent’s wrongful death claims. If a personal representative or executor is needed, the court may require probate appointment or proof of authority.
• Minors and mentally incapacitated beneficiaries: Montana courts will often require special protections (guardian ad litem, court-supervised settlement funds, or blocked account orders) before releasing funds to minors or incapacitated people.
• Statutory priorities and distribution rules: Montana wrongful death statutes define who may recover and how courts consider damages for loss of support and bereavement. Consult the Montana Code via leg.mt.gov and your attorney to make sure the distribution order reflects those rules.

Helpful hints — practical checklist before you file or accept distributions

• Confirm the settlement agreement explicitly states the gross amount and lists all deductions (fees, costs, liens) so beneficiaries know their net share.
• Have an attorney prepare or review the motion/petition, proposed order, and releases. Small drafting differences can change who ultimately receives money.
• Get written lien/claim figures from medical providers, Medicare/Medicaid, insurers, and any workers’ compensation carrier—resolve or include them in the proposed distribution.
• Include a clear breakdown of attorney fees and expenses in filings so the court can approve deductions transparently.
• Consider placing funds into escrow or a blocked account when contentious divisions, minors, or unresolved liens are present.
• Ask the court to enter a single distribution order rather than relying only on private settlement paperwork.
• Obtain signed releases from every party and from payees after disbursement; keep certified court orders and proof of payment in the permanent file.
• Use a trust or structured settlement for long-term support to protect funds and potentially gain tax or administrative benefits; document who will manage the trust and how disbursements will operate.
• Keep all communications written (email or letter) and preserve records of who approved each document and when.
• If disagreements arise after entry of the order, bring them back to the court with a motion to enforce the settlement/judgment — do not try to reallocate funds informally.

When you should hire a Montana attorney

Hire a Montana attorney experienced in wrongful death and probate whenever the settlement involves minors, conflicting heirs, large liens, structured payments, or when a court approval is required. An attorney will prepare precise filings (motion/petition, proposed order/judgment, accounting and releases), communicate with lienholders, request escrow arrangements, and ensure the court enters an enforceable order that matches your agreement.