Detailed Answer
Under Montana law, if an insured dies without naming a beneficiary, Mont. Code Ann. § 72-2-308 requires the insurer to pay the death benefit to the decedent’s probate estate. That benefit then passes to heirs under Montana’s intestate succession rules.
- Open probate. File a petition in district court in the decedent’s county. Request appointment as personal representative.
- Collect the proceeds. After appointment, obtain certified Letters of Appointment. Present those to the insurer to secure the policy proceeds.
- Inventory the asset. File the insurer’s proof of claim and list the proceeds as estate property.
- Determine heirs. Apply Mont. Code Ann. § 72-3-108 to identify surviving spouse, children, parents, or other next of kin.
- Distribute and close. Submit a proposed distribution plan to the court. After approval, issue inheritances to heirs, then obtain a final decree.
Key statutes:
- Mont. Code Ann. § 72-2-308 (“Deceased insured, no designated beneficiary; payment to estate”)
- Mont. Code Ann. § 72-3-108 (“Order of intestate succession”)
Helpful Hints
- Designate a beneficiary in your policy to avoid probate delays.
- Review your beneficiary designations after major life events.
- Consider summary probate if the total estate falls under $50,000; see Mont. Code Ann. § 72-3-801 et seq.
- Keep policy documents and death certificates organized for quicker claims processing.
- Consult a licensed attorney for complex estates or disputes among heirs.
Disclaimer: This article provides general information on Montana law and does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.