Detailed Answer: Reopening a Closed Estate in Montana and Seeking Appointment as Administrator

Short answer: In Montana you can often ask the court to reopen a closed probate estate if new assets, creditors, errors, or fraud come to light, or if the original personal representative (PR) died, resigned, or is otherwise unable to complete administration. To be appointed administrator you must file a petition with the district court in the county where your father lived, explain why reopening is needed, show you have priority or consent to serve, and meet bond and notice requirements under Montana probate law. See Montana statutes governing probate in Title 72 for the controlling law: Montana Code Annotated – Title 72.

How reopening an estate works in Montana

When a probate estate is formally closed the court generally issues a final order and the PR is discharged. However, Montana courts can reopen a closed estate when circumstances require further administration. Common reasons to reopen include:

• Discovery of previously unknown assets (bank accounts, real property, insurance, retirement accounts).
• A valid claim by a creditor that was unknown or not paid.
• Clerical errors in the inventory, accounting, or final distribution.
• Evidence of fraud, misrepresentation, or improper distributions by the former PR.
• The former PR has died, resigned, is incapacitated, or cannot be located.

Step-by-step process to reopen and seek appointment

1. Identify the county of probate. File in the district court where your father was domiciled at death. The court file from the original probate will be required.
2. Obtain the probate case file and final order. Request certified copies of the probate docket, letters of administration (if issued), the inventory, accounting, and the final judgment or order closing the estate.
3. Prepare a Petition to Reopen Probate. The petition should state the reason you ask the court to reopen (e.g., newly discovered asset, creditor claim, error, or PR inability). Attach evidence: account statements, affidavits, title documents, creditor notices, or sworn statements.
4. Include a request for appointment. In the same petition (or a supporting pleading) ask the court to appoint you as administrator or personal representative if the original PR is unavailable or removed. Explain your priority to serve under Montana intestacy/appointment rules (surviving spouse, adult child, next of kin), or that interested persons consent to your appointment.
5. Address bond and qualifications. Be prepared to post a bond if required by the court. Provide proof of age, residency, and any other qualifications the court requires.
6. Give notice. Montana law requires notice to heirs, devisees, creditors, and sometimes to the public. The court will set deadlines and methods for notice. Follow the court’s order precisely.
7. Attend the hearing. The court will schedule a hearing. Be ready to explain why reopening is necessary and why you should be appointed. If there are disputes (for example, another person contests your appointment), the court will decide based on the statutory priority and the equities.
8. Complete further administration. If the court reopens the estate and appoints you, you will receive letters of administration and complete whatever administration remains: inventory, claims handling, paying taxes and debts, and distributing assets under the prior orders or revised distribution as permitted by the court.

What you must show to persuade the court

To reopen an estate and be appointed, the court generally expects clear facts supporting one or more of these points:

• There is a materially new fact (new asset, creditor claim, or error) that justifies reopening.
• The original PR cannot or should not continue (death, incapacity, removal for misconduct).
• You have priority to be appointed or you have the consent of the interested persons.
• Your appointment and reopening will allow orderly completion of administration and protect estate creditors and beneficiaries.

Priority for appointment (how the court chooses an administrator)

Montana’s probate law sets out a priority order for who may be appointed when no executor is named or if the prior PR cannot serve. The court prefers a person with the best interest of the estate and beneficiaries in mind—often a surviving spouse, adult child, or other close heir. When interested persons agree, the court commonly appoints the agreed person. If multiple parties want the job, the court resolves the dispute at hearing.

Hypothetical example

John’s father’s estate in Missoula County was closed after distribution. Six months later John finds a bank account in his father’s name containing $25,000 that the PR didn’t list. John petitions the Missoula County District Court to reopen the estate, provides a bank statement as evidence, asks the court to reopen to collect and distribute the asset, and asks to be appointed as administrator because the former PR moved out of state and cannot be found. The court orders notice to heirs and creditors, holds a hearing, reopens the estate, and issues letters appointing John subject to a bond and to completing the remaining administration.

Timing, fees, and likely costs

• Filing fees and possible bond premiums vary by county. Expect court filing fees and publication costs if the court orders notice by publication.
• Time to resolution depends on complexity: a simple reopening for a single bank account may be resolved in a few weeks to months; contested matters take longer.
• If the matter involves litigation (claims of fraud or competing claims to appointment), costs rise significantly.

When to consult an attorney

Consider hiring an attorney if any of the following apply:

• There is a dispute about whether the estate should be reopened.
• Someone is contesting your appointment.
• There are allegations of PR misconduct, fraud, or theft.
• The newly discovered assets are significant or located out of state.
• Complex tax or creditor issues exist.

Where to start in Montana

1. Go to the district court clerk in the county where your father lived and ask for the probate case file and advice about local filing procedures.
2. Review Title 72 of the Montana Code Annotated for the probate statutes that govern reopening and appointment: https://leg.mt.gov/bills/mca/title_72/.
3. Prepare the petition and supporting documents. The clerk may have local forms or instructions for probate filings.

Helpful Hints

• Gather documentation first: death certificate, certified copies of the final probate order, any letters of appointment, bank statements, deeds, account numbers, and copies of correspondence with the former PR.
• Be ready to prove the asset is part of the estate (ownership, account titling, beneficiary designations).
• Provide the court with a clear timeline showing when you discovered the new information and why reopening is necessary.
• Check whether the estate was closed for distribution under a final accounting. If so, the court may require a new accounting for the reopened period.
• If there is suspected misconduct by the former PR, document communications and preserve financial records and computer files—these help the court and investigators if needed.
• Keep family members and interested persons informed; if they agree to your appointment, the process is often faster and less expensive.
• Expect the court to require notice to heirs and creditors; missing proper notice can delay or invalidate actions.

Important resources: Montana Code Annotated, Title 72 (probate): https://leg.mt.gov/bills/mca/title_72/. For local court procedures, contact the district court clerk in the county where your father lived (the clerk’s office can provide filing fees and local form information).

Disclaimer: This article explains general Montana probate concepts and typical procedures. It is for informational purposes only and is not legal advice. For advice tailored to your situation, consult a licensed Montana attorney or the district court clerk in the county where the probate occurred.