Detailed Answer
Under Montana law, district courts in each county have authority to open probate or ancillary proceedings for a decedent’s estate. Choosing the proper venue ensures that the court has jurisdiction and that interested parties can efficiently administer or contest the estate.
1. Original Probate Venue
Montana Code Annotated § 72-3-201 grants exclusive original jurisdiction to the district court in the county where the decedent was domiciled at death. You must file the petition to open probate there. If the decedent had no Montana domicile, file in the county where the decedent owned real property or where the death occurred. See MCA 72-3-201: https://leg.mt.gov/bills/mca/title_0720/chapter_0030/part_0020/section_0010/.
2. Change of Venue Within Montana
If the original county presents undue hardship—such as inconvenient travel for key witnesses or lack of proper notice—Montana Code Annotated § 72-3-202 permits a change of venue. A party in interest may petition the court to transfer the proceedings to another county. The court reviews factors like convenience and fairness before granting a transfer. See MCA 72-3-202: https://leg.mt.gov/bills/mca/title_0720/chapter_0030/part_0020/section_0020/.
3. Transferring Administration to Another County
After appointing a personal representative, the estate’s administration may move if most assets or creditors lie in a different county. The personal representative files a petition for transfer, showing good cause. The original court issues an order and sends certified records to the receiving court. Although Montana law does not list a specific section for this transfer, courts follow procedures in Chapters 3 and 9 of Title 72 emphasizing notice, record certification, and court-to-court cooperation.
4. Ancillary Proceedings for Out-of-State Estates
If the principal probate occurs in another state but the decedent held Montana property, you must open an ancillary estate here. Title 72, Chapter 5 governs ancillary administration. File in the county with the property, then follow MCA 72-5-102 et seq. to qualify a Montana personal representative.
Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Consult a qualified attorney to address your specific circumstances.
Helpful Hints
- Confirm the decedent’s last legal domicile before filing.
- Check property records to locate real assets for proper venue.
- Serve notice on all interested parties before requesting a venue change.
- Maintain certified court records when transferring administration.
- Consult Montana Code Annotated Title 72 online for updates.