How to Request and Schedule a Probate Hearing in Montana
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
When you open a probate estate in Montana and no hearing date is set, you must take proactive steps to request and schedule one. Below is a step-by-step guide under Montana law.
1. Review Montana Probate Rules and Statutes
Start by reviewing the Montana Probate Code, Title 72 of the Montana Code Annotated. Key provisions include:
- Mont. Code Ann. § 72-3-103 (Hearing—time and place)
- Mont. Code Ann. § 72-1-311 (Notice of hearing)
2. File a Motion or Petition for Hearing
Prepare a written motion or petition titled “Motion to Schedule Probate Hearing.” In it, include:
- The estate name and case number
- A brief statement of why a hearing is necessary (e.g., to admit will, appoint personal representative, approve account)
- A proposed date, time, and courthouse location
File the motion with the clerk of the district court in the county where the estate is pending. Pay any required filing fee.
3. Serve Notice to Interested Parties
Under Mont. Code Ann. § 72-1-311, you must serve written notice of the hearing at least 10 days before the hearing date. Serve the personal representative, beneficiaries, heirs, and any creditors.
Acceptable service methods include:
- Certified mail, return receipt requested
- Personal delivery by a non-party
- Publication, if allowed by the court and statute
4. Submit Proof of Service and Calendar the Hearing
After serving notice, file a proof of service or affidavit with the court. The clerk will place your motion on the court’s calendar. If the clerk does not schedule it within a reasonable time—typically 30 days—follow up in writing or by phone with the clerk’s office.
5. Prepare for the Hearing
Gather all documents you intend to present:
- Original will (if any)
- Petition for probate
- Inventory and appraisal
- Creditor claims
Arrive early at the courthouse and bring multiple copies for the judge and interested parties.
Helpful Hints
- Check local court rules: Each county may have specific filing requirements and hearing schedules.
- Use the court’s online calendar: Many Montana district courts post hearing dates online.
- Track deadlines: Note the 10-day minimum notice period and court holidays.
- Communicate with parties early: Confirm availability to reduce continuances.
- Consider legal counsel: An attorney can draft precise motions and handle service correctly.