How to Determine if a Probate Estate Has Been Opened for a Decedent in Montana
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies in Montana, a probate estate may be opened in the district court of the county where the decedent resided or owned real property. You can confirm whether an estate probate has been initiated by following these steps:
1. Identify the Decedent’s Last Known Residence and County
Probate is filed in the district court of the decedent’s county of residence at death. If the decedent owned real property in another county, ancillary probate may also be opened there.
2. Search the Montana District Court Records Online
Montana’s Judiciary provides a free online case search portal. Enter the decedent’s full name and specify “probate” or “estate” as the case type. The portal will show any filings, case numbers, and docket entries.
Online search link: mycourts.mt.gov/CaseSearchUI
3. Contact the Clerk of District Court
If online records are incomplete or unavailable, call or visit the clerk’s office in the appropriate county. Provide the decedent’s name, date of death (if known), and any other identifying information.
4. Review the Petition for Probate
When someone files a petition under MCA § 72-3-103, the court clerk stamps it as an official record. The petition lists the petitioner, decedent’s will (if any), heirs or beneficiaries, and personal representative appointment.
Statute link: Mont. Code Ann. § 72-3-103
5. Check Public Notices and Newspapers
After filing, Montana law requires notice to be published to creditors under MCA § 72-3-306. Reviewing local newspapers or the court’s website for published notices can confirm that a probate estate is open.
Statute link: Mont. Code Ann. § 72-3-306
Helpful Hints
- Gather all spellings and aliases of the decedent’s name to ensure a thorough search.
- Check for both original and ancillary probates if the decedent owned out-of-county property.
- Record fees may apply for certified copies of filings from the clerk’s office.
- Some smaller counties may not have full online records; a phone call or in-person visit can help.
- If you find a case number, use it to pull up additional docket entries and documents.