Detailed Answer
Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed Montana attorney for guidance on your specific situation.
Overview of Montana Probate
When a person dies, their bank accounts become part of their estate. Montana law requires that someone act as personal representative—either an executor named in a will or an administrator appointed by the court. That representative gathers assets, pays debts, and distributes remaining funds under the Montana Uniform Probate Code.
1. Appointing a Personal Representative
If the decedent left a valid will, you file the will and a petition in district court to qualify the named executor. If no will exists, interested heirs petition for administrator status. Once you file, the court reviews your petition and issues Letters Testamentary or Letters of Administration, formally authorizing you to handle estate assets. See Mont. Code Ann. § 72-3-211.
2. Obtaining Court Authorization
After the hearing, the clerk issues certified letters. You must obtain several certified copies. Montana banks typically require:
- Certified death certificate
- Certified Letters Testamentary or Administration
- Valid photo ID of the personal representative
With these documents, you may lawfully access and withdraw funds for estate purposes.
3. Presenting Documents to the Bank
Take the certified letters and death certificate to each financial institution where the decedent held accounts. The bank will freeze the account upon learning of the death. Presenting your court-issued letters unlocks the account. You can then:
- Transfer funds into an estate account
- Pay valid creditor claims and estate expenses
- Distribute remaining funds to beneficiaries per the will or Montana’s intestacy rules
4. Using a Small Estate Affidavit (Under $50,000)
If the decedent’s deposit accounts total no more than $50,000, and no personal representative has qualified, Montana law lets beneficiaries bypass formal probate. Each beneficiary completes a small estate affidavit, waits 30 days after death, and presents:
- Signed affidavit (per Mont. Code Ann. § 72-3-218)
- Death certificate
- Proof of right to inheritance (e.g., will or heirship affidavit)
- Valid ID
The bank may release up to the $50,000 limit directly to heirs without Letters of Administration.
Helpful Hints
- Order multiple certified death certificates early.
- Check if any accounts are jointly owned; joint accounts often avoid probate.
- Gather recent bank statements to list all accounts.
- Track deadlines for creditor notice; Montana sets a 4-month deadline after letters issue.
- Maintain clear records of any withdrawals and distributions.
- Consult a Montana probate attorney before distributing large estates or complex assets.
- If property exceeds small estate limits, complete full probate to avoid personal liability.