Frequently Asked Question — Handling a Parent’s Estate in Montana

Quick overview: This FAQ explains the common steps people take to handle a deceased parent’s estate under Montana law. It uses a short hypothetical example to illustrate the process. This information is educational only and is not legal advice.

Hypothetical facts (for illustration)

Imagine your mother died while living in Montana. She left a written will, owned a home, a few bank accounts, a car, and some personal belongings. You need to know what to do next to settle her affairs.

Detailed answer — step by step

1. Obtain certified copies of the death certificate

Obtain several certified copies of the death certificate from the local county health department or vital records office. You’ll need these to close bank accounts, transfer titles, claim insurance, and for court filings.

2. Locate estate documents and records

Look for the decedent’s will, trust documents (if any), life insurance policies, deeds, vehicle titles, account statements, tax returns, and a list of known creditors. If you find a will, do not alter it.

3. Secure and protect assets

Change locks if appropriate, secure valuables, take an inventory, and contact financial institutions to freeze accounts until the proper authority (personal representative or court) takes action. Keep receipts for any expenses you incur on behalf of the estate.

4. Decide whether you must open probate

Whether probate is required depends on how assets are titled and their total value. Probate is a court process that validates a will (if there is one), appoints a personal representative (executor or administrator), collects assets, pays debts, and distributes the remainder to beneficiaries.

Montana’s probate and estate laws are found in the Montana Code Annotated, Title 72 (Probate, Estates, and Protective Proceedings). See Montana Code Annotated, Title 72: https://leg.mt.gov/bills/mca/.

5. If you have a will — file a petition for probate

If the decedent left a will, the person named as executor (or someone else with standing) should file the will and a petition for probate in the district court of the county where the decedent lived. The court will review the will, confirm its validity, and appoint a personal representative to manage the estate.

6. If there is no will — intestate succession and appointment

If there is no valid will, Montana law provides rules of intestate succession that determine who inherits. A close family member (usually a spouse or an adult child) can petition the court to be appointed as the personal representative and administer the estate according to Montana’s intestacy rules (see Title 72).

7. Use simplified procedures where available

Montana provides some simplified procedures for smaller or nonprobate assets, such as transfer by affidavit or beneficiary designations (payable-on-death accounts, transfer-on-death deeds, jointly held property). Check Montana’s statutes and local court rules or the Montana Judicial Branch self-help resources for small-estate options: https://courts.mt.gov/selfhelp/.

8. Notify creditors and publish required notices

The personal representative must notify known creditors and may be required to publish a notice to unknown creditors so they can file claims. The estate must pay valid debts and claims before making distributions to beneficiaries.

9. Inventory, appraise, and value estate property

The personal representative must identify and, if required, file an inventory and valuation of estate property with the court. Some assets may require appraisal (real property, unique personal property).

10. Pay taxes

Prepare and file the decedent’s final federal and state income tax returns. Montana does not currently impose a state estate tax, but federal estate tax rules may apply depending on the estate’s size. For federal rules see the IRS: https://www.irs.gov/businesses/small-businesses-self-employed/estate-tax.

11. Distribute remaining assets and close the estate

After debts, expenses, and taxes are paid and the court approves, the personal representative distributes remaining assets under the will or Montana intestacy law. The representative then files a final accounting and petition for discharge with the court to close the estate.

Practical timeline and what to expect

Probate timelines vary. Simple estates can close in a few months; complex estates (real property disputes, creditor claims, contested wills) can take a year or longer. Filing deadlines for creditor claims and other procedural deadlines are set by statute and court rule, so act promptly.

Where to find Montana laws and forms

• Montana Code Annotated, Title 72 (Probate, Estates, and Protective Proceedings): https://leg.mt.gov/bills/mca/
• Montana Judicial Branch self-help and probate information: https://courts.mt.gov/selfhelp/

When you should consider getting a lawyer

Consider hiring a lawyer if any of the following apply:

• The will is contested or appears invalid
• Significant assets or complex ownership issues exist (business interests, out-of-state property, unresolved title problems)
• Creditors assert large or disputed claims
• There are allegations of undue influence, fraud, or disputes among heirs
• You need guidance on tax planning, estate valuation, or distributing property under Montana law

Helpful Hints

• Gather documents quickly: wills, deeds, titles, account statements, insurance policies, prior tax returns, and a list of regular bills.
• Keep an organized file and record all estate-related transactions and communications.
• Obtain several certified death certificates at once — many institutions require an original-certified copy.
• Talk to financial institutions early to learn what they require to release or freeze assets.
• Check beneficiary designations on retirement accounts and life insurance — these often pass outside probate directly to the named beneficiary.
• If the estate seems small, ask the court clerk about simplified procedures or small-estate affidavits in Montana.
• Be mindful of deadlines for filing claims and tax returns; missing deadlines can create liability.
• When in doubt, consult an attorney experienced in Montana probate and estate administration.

Disclaimer: This article provides general information only and does not create an attorney-client relationship. It is not legal advice. Laws change and every situation is different. For advice specific to your situation, consult a licensed attorney in Montana.