Detailed Answer — Step-by-step overview under Montana law

If someone dies without a valid will in Montana, the court must appoint a personal representative (often called an administrator) to open probate, gather and protect assets, pay bills and taxes, and distribute property according to Montana’s intestacy rules. The process below explains the usual steps to seek appointment as administrator.

1. Confirm there is no valid will.

   Search the decedent’s papers and safe-deposit boxes. Check with relatives and the county clerk where the person lived. If you find a will, the court will handle appointment differently (executor under a will versus administrator for intestate estates).

2. Identify the proper court.

   File the petition in the district court of the Montana county where the decedent lived at death (or where most assets are located). Montana probate rules and procedures are in Montana Code Annotated, Title 72 (Probate and Trust). See the Title 72 index for the applicable provisions: MCA Title 72 — Probate and Trust.

3. Prepare the petition for appointment.

   The petition typically asks the court to appoint you as personal representative and to issue letters of administration. The petition will identify the decedent, list heirs (or state that heirs are unknown), estimate estate value, and state whether a bond is requested or whether heirs consent to waive a bond. The court will provide local petition forms or you can find district court forms on the Montana Judicial Branch site: Montana Courts Forms.

4. File supporting documents.

   Common attachments include the decedent’s certified death certificate, an affidavit of heirs or list of known heirs, a proposed inventory (if you have one), and any written consents from heirs about appointment or bond. Check local court clerk requirements for the exact set of filings and filing fees.

5. Notice and publication.

   Montana law requires giving notice to heirs and publishing a notice to creditors in many cases. The court clerk will tell you the notice steps and timing. Creditors have a limited time to file claims; the administrator must follow statutory notice rules to preserve the estate’s defenses.

6. Court hearing and appointment.

   The court may set a hearing if there are competing claims for appointment or other disputes. If no dispute exists, the court often issues letters of administration after reviewing the petition and necessary notices. The court can require a bond (insurance that the administrator will perform duties faithfully); heirs may be able to waive the bond under Montana law.

7. Receive letters of administration and act.

   Once appointed, you receive letters of administration (proof of authority). Your duties then include locating and securing assets, paying valid debts and taxes, filing any required inventories and accountings with the court, and distributing the remaining estate according to Montana’s intestate succession laws.

8. Distribution under intestacy.

   If there’s no will, Montana’s intestacy rules determine who inherits and in what shares. The rules prioritize surviving spouses, children, parents and other relatives. You should consult the Montana statutes and the court for the exact priority and shares. See Montana’s probate statutes in Title 72 for intestate succession and distribution rules: MCA Title 72.

Who has priority to be appointed?

Generally, Montana gives preference to persons with the closest relationship to the decedent. A surviving spouse often has priority, followed by adult children or other next of kin. If multiple people have equal priority (for example, several adult children), they can agree on who will serve, or the court will decide. Consult the court clerk if multiple people wish to be appointed.

Small estates and simplified procedures

Montana may offer simplified procedures for small estates or certain personal property transfers without full probate. The availability and thresholds vary and are governed by statutes and court rules. Ask the county district court clerk whether a small-estate affidavit or expedited procedure applies to your situation.

Common reasons a court would refuse appointment

• The proposed administrator is legally disqualified (e.g., convicted felon for certain offenses, or otherwise prohibited by statute).
• There is a dispute among heirs or other competent claimants who object to appointment.
• Insufficient notice to interested persons or creditors.

Where to read the law

Montana’s probate statutes are located in the Montana Code Annotated, Title 72. Start here: https://leg.mt.gov/bills/mca/title_0720/. For forms, fees, and local procedures contact the district court clerk in the county where your father lived or visit the Montana Judicial Branch forms page: https://courts.mt.gov/Forms.

Helpful Hints

• Contact the district court clerk in the county where your father lived before you file. Clerks can confirm local forms, filing fees and bond rules.
• Gather paperwork first: certified death certificate, your ID, any bank statements, property deeds, and a list of potential heirs and their contact info.
• Look carefully for a will: check safe-deposit boxes, mail, attorney offices, and the county recorder. A valid will changes the process.
• If all heirs agree you should serve, get written consents. Unanimous consent can speed appointment and may avoid a bond.
• Keep detailed records and receipts for all estate transactions. You will likely need to report and account for them to the court and heirs.
• Consider whether the estate is small enough for a simplified procedure. Ask the court clerk whether a small-estate affidavit or expedited route applies.
• If heirs dispute appointment, consider mediation or talk to an attorney. Disputes can delay probate and increase costs.
• When in doubt about complex assets, taxes, or creditor claims, consult a Montana probate attorney. Professional help can prevent costly mistakes.