Short answer

You cannot unilaterally force a co‑heir to reimburse appraisal costs before a buyout unless you have a legal basis: a written agreement, a court order, or a statutory right that applies to your situation. In many Montana estate buyouts the parties agree how appraisal and other costs are split; if they cannot agree, a probate court or a partition action can decide who pays.

Detailed answer — what controls whether a co‑heir must pay

1. Agreements between heirs

The simplest and most common way to require reimbursement is by written agreement. If the co‑heirs sign a written buyout agreement (or even a signed email or text that meets contract requirements), the agreement can specify who pays for appraisals and how the appraisal fee is handled in the buyout math (for example, reimbursed from the buyout payment or split pro rata).

2. Probate administration and estate expenses

If the estate is open in probate, certain expenses of administration are paid from estate assets. Whether an appraisal is a proper estate expense depends on purpose: appraisals the personal representative orders for administration, property valuation, or sale are typically administrative expenses. If an heir ordered and paid for an appraisal outside the personal representative’s authority, the estate may not automatically owe reimbursement unless the personal representative approves treating that appraisal as an estate expense.

For Montana statutes and rules governing probate administration and permitted expenses, consult the Montana Code Annotated and local probate rules: Montana Code Annotated (search for probate/estates provisions) and the Montana Judicial Branch: courts.mt.gov.

3. Partition and buyout under court supervision

If heirs disagree and the matter goes to a partition action (to divide or sell property that has multiple owners), a court can order appraisal, apportion costs, or require one party to buy another’s interest at a court‑ordered value. In that process the judge can allocate appraisal costs between the parties as justice requires.

4. Equitable claims and credits

Even without a contract, you may be able to claim reimbursement as an equitable credit if you can show the appraisal conferred a benefit on the co‑heir (for example, it enabled a buyout on fair terms). Courts decide these on the facts; outcomes are not guaranteed.

5. Practical limits on “requiring” payment

You can demand reimbursement in writing, with an accounting and copies of appraisal invoices. But unless the other co‑heir agrees, you will need either to accept the risk (forgive the cost or deduct it from the buyout price) or ask a court to decide. Attempting self‑help (seizing property, withholding title) can create legal problems.

How to handle the appraisal cost before finalizing a buyout — step by step

1. Check existing documents: review the will, any buyout or partition agreement, and any probate filings to see if they address appraisal costs.
2. Talk first: present the appraisal invoice and value to the co‑heir and propose how to handle the cost (split equally, pro rata by share, or credit against the buyout price).
3. Get it in writing: if the co‑heir agrees, document the arrangement (simple signed agreement or email is helpful). Include payment timing and whether the invoice will be deducted from the purchase price.
4. In probate: ask the personal representative to approve the appraisal as an estate expense if appropriate. The personal representative can include it in estate accounting and distribution decisions.
5. If there’s a dispute: consider mediation, or ask the probate or district court to resolve reimbursement in a partition or accounting proceeding.
6. Preserve evidence: keep invoices, appraisal reports, communications, proof of payment, and any written offers to split or credit the cost.

When to consider court intervention

Seek court help if: the co‑heir refuses to negotiate, the personal representative refuses to treat the appraisal as an estate expense but you believe it was necessary, or a buyout cannot close because of disagreement about valuation/costs. In Montana, either a probate accounting or a partition action in district court can be used to resolve these disputes.

Helpful hints

• Ask who ordered and authorized the appraisal. If the personal representative ordered it, it’s more likely an estate expense.
• Offer to split the appraisal cost and deduct the co‑heir’s share from the buyout price if you want to avoid litigation.
• Get all agreements in writing (who pays, how payment is credited, and timeline).
• Keep detailed records: appraisal report, invoice, payment receipts, communications, and offers.
• Consider a second opinion appraisal if the co‑heir disputes the valuation.
• Use mediation to avoid costly litigation—courts often encourage or require alternative dispute resolution in estate conflicts.
• Talk to a Montana probate or real property attorney before filing a court action. They can explain local practice and likely outcomes.