Detailed Answer

Short answer: Yes. Under Montana law, an interested person (for example, a beneficiary, heir, or creditor) can ask the probate court to require the personal representative (executor or administrator) to prepare and file a full accounting of estate assets, receipts, disbursements, and distributions. The court can order an accounting, review it in a hearing, and take remedies if the accounting is incomplete, inaccurate, or if the personal representative breached duties.

What an accounting is and why you might request one

An accounting is a formal financial report prepared by the personal representative that shows: the estate assets at opening; all money or property received by the estate; all payments and administrative expenses (including attorney fees); and proposed distributions to heirs or beneficiaries. Beneficiaries or heirs may request an accounting to verify the estate was administered properly, to trace missing assets, or to determine whether the personal representative acted reasonably and lawfully.

Who may request an accounting

In Montana the people most commonly considered “interested persons” who may seek an accounting include:

• Heirs at law (if there is no will)
• Devisees and beneficiaries named in a will
• Creditors with proved claims
• Any party with a financial or legally protected interest in the estate

For a comprehensive list of who qualifies as an interested person under Montana probate law, see Montana Code Title 72 (Probate, Trusts, and Fiduciary Relations): https://leg.mt.gov/bills/mca/title_0720/

When you can ask for an accounting

You can generally ask for an accounting while the estate is open and being administered. Courts also review final accountings before they approve distribution and close the estate. If you suspect misconduct or unexplained transactions, you can petition the court for an interim or special accounting during administration.

How to ask the court for an accounting (step-by-step)

1. Document your interest. Confirm you are an “interested person” (beneficiary, heir, creditor). If you are unsure, the court clerk or a probate attorney can help.
2. Attempt informal resolution. Ask the personal representative in writing for a copy of the inventory and accounting, and set a reasonable deadline for response. Courts often prefer parties attempt to resolve disputes before formal litigation.
3. File a petition with the probate court. If informal requests don’t work, file a written petition requesting the court compel the personal representative to file an accounting or to produce specific financial documents. The petition should identify your relationship to the estate and the relief you seek.
4. Serve notice. Serve the personal representative and other required parties with the petition according to Montana probate rules so they have a chance to respond.
5. Attend the hearing. The court will usually set a hearing. Be prepared to explain why you need the accounting (e.g., missing property, unclear transactions, concerns about fiduciary conduct).
6. Court order and enforcement. If the court orders an accounting, the personal representative must comply. If the accounting is deficient, the court can order supplementation, surcharge the representative for losses, or remove the representative in serious cases.

What an accounting should include

• Inventory of estate assets at the time of appointment
• Receipts and collections (sale of assets, dividends, rents, bank interest)
• Payments made for claims, taxes, expenses, and administration costs, with supporting invoices/receipts
• Attorney fees and commissions requested or paid
• Distributions made or proposed distributions to beneficiaries
• Balances remaining and location of estate funds

Possible court responses and remedies

If the court finds the accounting incomplete, inaccurate, or evidencing misconduct, it can:

• Order the personal representative to supplement or correct the accounting
• Require the production of supporting documentation (bank statements, receipts, contracts)
• Assess a surcharge against the personal representative for losses caused by mismanagement
• Order removal and replacement of the personal representative for serious breaches
• Order other remedies necessary to protect estate beneficiaries

Practical example (hypothetical facts)

Suppose Alice is named personal representative. Beneficiaries notice that a bank account listed in the inventory is missing and the closing statement shows distributions to parties not named in the will. Beneficiaries first ask Alice in writing for a full accounting and copies of bank records. Alice does not respond. A beneficiary files a petition in Montana probate court asking the court to compel Alice to file a detailed interim accounting and to produce the bank statements. The court orders Alice to file the accounting and to produce records. After review, the court finds unexplained transfers and orders supplementary accounting and surcharges for amounts improperly distributed.

Where to find Montana statutes and forms

Montana’s probate laws (Title 72) govern how estates and fiduciaries operate. You can read relevant statutes and chapter headings online: https://leg.mt.gov/bills/mca/title_0720/

For court forms and procedural guidance, check the Montana Judicial Branch Self-Help resources: https://courts.mt.gov/selfhelp

When to hire an attorney

Consider consulting an attorney if:

• The accounting appears incomplete or contains unexplained transactions
• You suspect theft, self-dealing, or other fiduciary breaches
• The personal representative refuses to cooperate or produce records
• The estate is large, complex, or involves business interests or tax issues

An attorney can help draft the petition, gather evidence, and represent you at a court hearing.

Disclaimer

This article explains general legal principles under Montana law and is for educational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed Montana attorney.

Helpful Hints

• Start by asking the personal representative for records in writing. Keep copies of all requests and responses.
• Collect your proof of status as an interested person (copy of will, beneficiary designation, or family relation documentation).
• Keep clear records of what you believe is missing or suspicious: dates, amounts, and any communications.
• Use the Montana Legislature site to read Title 72 (Probate, Trusts, and Fiduciary Relations): https://leg.mt.gov/bills/mca/title_0720/
• Use Montana Judicial Branch self-help resources for local forms and filing instructions: https://courts.mt.gov/selfhelp
• If you pursue court action, follow court deadlines and service rules exactly. Missing procedural steps can delay or weaken your petition.
• Consider mediation if parties are willing—courts sometimes require or encourage alternatives to litigation.