Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When an estate administrator delays or refuses to distribute your inheritance in Montana, you can ask the probate court to enforce the administrator’s duties. Under the Montana Uniform Probate Code, an administrator must collect assets, pay valid debts and expenses, and distribute the remaining estate to beneficiaries within one year after appointment unless the court grants more time.
Step 1: Review the Estate Status
Confirm that all creditor claims and taxes are resolved. The administrator must file an inventory and an accounting with the court under Mont. Code Ann. § 72-1-602 (72-1-602). If claims remain unpaid, distribution may be delayed.
Step 2: Request an Accounting
Send a written demand for a formal accounting of estate assets and expenses. If the administrator does not comply, file a petition in probate court to compel an accounting under Mont. Code Ann. § 72-1-602. The court can order the administrator to produce financial records and explain any distribution delays.
Step 3: Petition for Distribution
After receiving an accounting, file a petition for distribution under Mont. Code Ann. § 72-3-503 (72-3-503). Submit this petition to the county probate court handling the estate. The court will review the status and issue an order directing the administrator to pay your inheritance share.
Step 4: Seek Court Enforcement
If the administrator still fails to comply with the court’s order, you can ask the court to hold the administrator in contempt or impose sanctions. You may also petition to remove the administrator under Mont. Code Ann. § 72-1-504 (72-1-504) and request appointment of a successor personal representative.
Helpful Hints
- Keep detailed records of all communications and filings.
- Check your county probate court’s deadlines and fee schedules.
- Consider requesting a preliminary distribution under Mont. Code Ann. § 72-3-507 (72-3-507) if some assets are ready for release.
- Explore mediation to resolve disputes without prolonged litigation.
- Consult a licensed Montana probate attorney if the administrator’s non-compliance persists.