Applying for Letters of Administration in Montana

Disclaimer: This article is for educational purposes and does not constitute legal advice.

Detailed Answer

When a person dies without a valid will (intestate) or without naming an executor, you must seek letters of administration from the district court in the county where the decedent lived. These letters grant a personal representative authority to gather assets, pay debts, and distribute the estate under Montana’s probate code.

1. File a Petition for Appointment of Personal Representative

Complete and file the official petition form with the clerk of district court. Under Montana law, you must use the probate forms provided by the Judicial Branch:

• Montana Probate Forms – see “Petition for Appointment of Personal Representative.”
• Attach a certified copy of the death certificate.
• Provide a list of next of kin and their addresses.

Statute: see MCA § 72-3-301 (72-3-301).

2. Publish and Serve Notice to Creditors

Within 10 days of filing, publish a “Notice to Creditors” in a local newspaper and mail individual notices to known creditors. This protects the personal representative against future claims.

Statute: see MCA § 72-3-316 (72-3-316).

3. Inventory and Appraisal

Within 60 days of appointment, file an inventory of estate assets using the official form. Include real property appraisals if applicable.

4. Court Hearing and Issuance of Letters

If the court requires a hearing, attend and present the petition. After approval, the court signs and seals the “Letters of Administration” form, which you then record and serve to institutions holding estate assets (banks, county recorder, etc.).

Statute: see MCA § 72-3-202 (72-3-202).

5. Administer the Estate

Use the letters to collect assets, pay valid debts and taxes, and distribute the remainder to heirs under Montana’s intestacy rules (MCA § 72-2-106). File periodic accountings as required and petition for closing the estate when completed.

Required Montana Probate Forms

• Petition for Appointment of Personal Representative
• Notice to Creditors (publication and mailing)
• Oath of Personal Representative
• Letters of Administration
• Inventory and Appraisal
• Proof of Publication

Helpful Hints

• Visit the official Montana Courts website for up-to-date probate packets: courts.mt.gov/forms/probate.
• Confirm timelines: publishing, serving creditor notices, and filing inventories have strict deadlines.
• Keep detailed records and receipts for all estate transactions.
• Consult Montana Code Annotated Title 72 for specific statutory requirements.
• If the estate qualifies as a small estate (< $50,000 of personal property and no real property), consider summary administration under MCA § 72-3-102.
• Consider hiring a local attorney if disputes arise or estate administration becomes complex.