Disclaimer: This article does not provide legal advice. It offers general information only. For advice specific to your situation, consult a licensed attorney in Montana.
Detailed Answer
As a personal representative in Montana, you must locate and verify all heirs before distributing estate assets. Under Montana law, the personal representative has a duty to make a diligent search for heirs (MCA §72-1-203). Start by reviewing the decedent’s personal papers, including wills, trusts, tax returns and address books. These often list family members or next of kin.
If you have limited information, use public records. Search county clerk and recorder offices for birth, marriage and death certificates. Use the Montana Department of Public Health and Human Services vital records portal. Review probate filings for similar surnames and geographic connections. Online genealogical databases, such as Ancestry or FamilySearch, can help you trace heirs through census and immigration records. Consider hiring a professional genealogist if records prove complex.
When you identify potential heirs, verify relationships using certified documents such as birth certificates or marriage licenses. If records are missing, obtain sworn affidavits of heirship from individuals familiar with the family history. Affidavits can fill gaps when official documents no longer exist.
If heirs remain unknown after exhaustive searches, publish a notice in a newspaper of general circulation in the county where the decedent lived (MCA §72-3-201). This public notice alerts unknown heirs to come forward. If disputes arise or the court requires it, petition for a judicial determination of heirs under MCA §72-3-103. The judge will review the evidence and issue an order naming the rightful heirs.
Helpful Hints
- Begin with the decedent’s personal files: wills, tax returns, address books.
- Order certified vital records (birth, marriage, death) from county and state agencies.
- Use online databases and local archives to trace family lines.
- Get sworn affidavits of heirship when official records are unavailable.
- Publish court-approved notices to reach unknown or distant heirs.
- Consider professional genealogical or investigative assistance for complex estates.