Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies in Montana without a valid will, their estate passes to heirs under state intestate succession laws. Montana’s rules appear in Mont. Code Ann. Title 72, Chapter 2. Follow these steps to identify your father’s intestate heirs.
Step 1: Confirm Intestacy
Verify that your father died without a will. If a valid will exists, intestate rules do not apply.
Step 2: Identify a Surviving Spouse
If your father was married at death, the surviving spouse may inherit all or part of the estate. See Mont. Code Ann. § 72-2-104.
Step 3: List Descendants
Next, list all children and grandchildren. They inherit after the spouse (if any) or take the entire estate if no spouse exists. See Mont. Code Ann. § 72-2-112(1).
Step 4: Include Other Family Members
If no spouse or descendants survive, the estate passes to parents, then siblings, grandparents, and more remote kin in order. See Mont. Code Ann. § 72-2-112(2–5).
Step 5: Apply Per Stirpes Distribution
Distribute by right of representation: if a child predeceased your father, that child’s descendants split the share. See Mont. Code Ann. § 72-2-113.
Step 6: Gather Proof of Relationship
Collect birth certificates, marriage licenses, adoption records and death certificates. Use these to document each heir’s connection to your father.
Helpful Hints
- Contact the county probate court to open the estate and obtain certified death certificates.
- Review Montana probate forms and guides at the Montana State Law Library website.
- Use reputable genealogy databases to verify family lines and dates.
- Consider a probate attorney or professional genealogist if family relationships are complex.
- Remember adopted children and half-blood siblings inherit under the same rules as biological children. See Mont. Code Ann. Title 72, Chapter 2.