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Detailed answer — what to expect and how to proceed

This article explains, under Montana law, how a next of kin can be appointed to administer an estate when a person dies without a will (intestate). It assumes the decedent was a Montana resident and that you are seeking appointment in the county where the decedent lived.

Step 1 — Confirm whether formal probate is required

Not every estate needs a full probate. Montana provides procedures for small estates and simplified administration in limited situations. Check the Montana Judicial Branch probate self-help pages to see whether a small‑estate affidavit or simplified process applies to the estate you are dealing with: Montana Courts — Probate & Estate Self-Help. If the estate has real property or assets that require clear title, or the estate has significant debts or multiple potential heirs, formal probate is more likely necessary.

Step 2 — Who has priority for appointment?

If a person dies without a will, the court appoints a personal representative (sometimes called an administrator) according to a statutory priority of interested persons. Generally, priority follows closest family relationships: a surviving spouse typically has first priority, then adult children, then parents, then siblings, and then more remote relatives. If closer-priority heirs are unwilling or unavailable to serve, a sibling may be appointed. If more than one person in the same priority class seeks appointment, the court will choose the person it finds suitable — often by agreement among heirs, or after a court hearing. For official text of Montana’s probate and intestacy laws, consult the Montana Code and the Legislature’s website: Montana Code Annotated (MCA).

Step 3 — File a petition in the proper county probate court

To start formal probate you (or your attorney) will file a petition for appointment of personal representative in the district court of the county where the decedent lived. Typical materials the court will expect include:

• Certified copy of the death certificate;
• A petition or application form asking the court to appoint you as personal representative;
• A proposed list of heirs and next of kin (names and addresses);
• An estimated value of the estate’s assets;
• Any required filing fee.

Contact the clerk of the district court in the decedent’s county for local forms and the exact filing fee. Montana court self-help pages and local court clerks can provide guidance on required documents: Montana Courts — Probate & Estate Self-Help.

Step 4 — Notice, hearing, and competing claims

After you file, the court will generally require notice to interested persons and may schedule a hearing. Interested persons typically include heirs, a surviving spouse, and known creditors. If someone with a higher priority objects, the court will decide who should be appointed. If no one objects and you qualify, the court will usually issue letters of administration authorizing you to act for the estate.

Step 5 — Bond requirements

The court often requires a bond (insurance protecting the estate against mismanagement) unless the requirement is waived by all interested heirs or the court dispenses with it. You can request that the court waive the bond if all heirs agree in writing or if Montana law or local rules allow.

Step 6 — Duties after appointment

Once appointed, your basic duties as personal representative include:

• Collecting and protecting estate assets;
• Identifying and notifying creditors;
• Paying valid debts, taxes, and administrative expenses from estate funds;
• Inventorying estate assets and filing required reports with the court;
• Distributing remaining assets to heirs according to Montana’s intestacy rules;
• Filing a final accounting and closing the estate with the court.

Montana law sets specific deadlines for claims and reporting. Follow local court rules to avoid personal liability.

Practical timeline and costs

Timing depends on complexity. Simple intestate administrations can take a few months; estates with real property, disputes, or many creditors can take a year or more. Costs include filing fees, possible bond premiums, publication or mailing costs for notices, attorney fees (if you hire one), and costs of appraisals or accounting. If the estate can pay these costs, the personal representative is ordinarily reimbursed from estate funds.

Helpful hints

• Start at the county courthouse. The district court clerk can point you to local probate forms and explain filing steps.
• Get a certified death certificate early. Courts and financial institutions require certified copies.
• Identify heirs and contact them. If heirs agree who should serve, the appointment process is smoother and bond requirements may be waived.
• Keep careful records. Track all receipts, disbursements, and communications — you will need them for the required inventory and final accounting.
• Watch deadlines. Creditors’ claim periods and required filings are time-limited. Missing deadlines can create personal liability or delay distribution.
• Consider small-estate options. If the estate is small and only consists of personal property or certain bank accounts, an affidavit process may allow transfer without full probate. Check the Montana Courts self-help pages for details: Montana Courts — Probate & Estate Self-Help.
• Ask heirs to sign a bond waiver if they are comfortable. A unanimous written waiver often avoids the expense of a bond.
• When in doubt, consult a Montana probate attorney. An attorney can help with petitions, notices, bond issues, and disputes and can reduce the risk of mistakes that cause personal liability.