How Montana Law Determines Where to Open Probate When a Person Dies Out of State

Disclaimer: This is general information about Montana law and is not legal advice. For advice about your specific situation, consult a licensed Montana attorney.

Short answer

Under Montana law you generally open probate where the decedent was legally domiciled (their permanent home) at the time of death. If the decedent owned real estate or other situs-based property in Montana, you may also need an ancillary probate or other local filings here. If the decedent’s domicile was in another state, Montana probate is usually unnecessary unless Montana property exists.

Detailed answer — how jurisdiction and venue work under Montana law

Probate jurisdiction turns on two separate ideas:

• Domicile: The state that was the decedent’s legal home (where they intended to remain or return to) when they died. Most matters of intestate succession and the primary administration of a decedent’s personal property are handled where the decedent was domiciled.
• Situs of property: Certain property is governed by the law of the place where the property is located. Real estate always follows the law where the land sits. Some tangible personal property also may require action where it is located.

Put simply: if a person died while physically in Virginia but their legal domicile was North Carolina, probate for the main estate is normally opened in North Carolina. Montana courts become involved only if the decedent owned property located in Montana (for example, land, a Montana-registered vehicle, or accounts tied to Montana real property). In that case, you may need to open a limited or ancillary Montana probate to transfer title to that Montana property.

Montana’s probate statutes and local court rules govern how and where to open probate in Montana. See Montana Code Annotated, Title 72 (Probate) for the statutes governing administration and jurisdiction: https://leg.mt.gov/bills/mca/title_0720/

Common scenarios and what to do

• No Montana property, domicile outside Montana: Do not open Montana probate. Open probate (or the equivalent non-probate transfer procedures) in the decedent’s domicile state.
• No Montana property, domicile unknown: Determine domicile (look at their voter registration, driver’s license, tax filings, where they intended to live). Probate normally follows domicile. If you cannot determine domicile, get legal help to decide where to file.
• Montana real property or Montana-registered property exists: You likely need a Montana ancillary probate or local filing to transfer title to that property even if the primary administration is taking place in another state.
• There is a will: The original will is typically probated in the decedent’s domicile. If property is in Montana, a certified copy of the foreign probate judgment or letters testamentary may be used in Montana to clear title or to handle local assets.
• Only small Montana assets and no real estate: Montana may have simplified or small‑estate procedures for collecting local assets without full probate. Check Montana court self-help resources or ask local counsel.

How to decide where to open probate — practical steps

1. Identify the decedent’s domicile at death: where they lived, intended to remain, and had legal ties (tax returns, driver’s license, voter registration).
2. Inventory assets and determine object locations: list all real estate, bank accounts, vehicles, and personal property and note which items are located in Montana.
3. Check for non-probate transfers: joint accounts, payable-on-death (POD) designations, transfer-on-death deeds, trusts, and beneficiary designations may pass outside probate.
4. If Montana property exists, contact the clerk of the Montana district court in the county where the property sits or consult a Montana probate attorney about ancillary administration or registration of out-of-state letters or orders.
5. If there is significant out-of-state probate activity, consider getting letters testamentary or letters of administration from the decedent’s domicile state and then using certified copies in Montana to clear title or collect local assets.

Where to find Montana forms and more information

Montana district courts handle probate. The Montana judicial branch provides self-help resources and contact information for local courts: https://courts.mt.gov/selfhelp/probate

For statutory authority and more detail, see Montana Code Annotated, Title 72 (Probate): https://leg.mt.gov/bills/mca/title_0720/

Helpful hints

• Start by locating the original will and any beneficiary designations.
• Gather proof of domicile: lease or deed, utility bills, tax returns, registrations, and medical records showing where the person lived.
• List property by location. Real property in Montana generally needs Montana action.
• If a probate is open in another state, obtain certified letters or orders from that court—Montana courts often accept certified foreign probate documents for local matters.
• Contact the clerk of the district court in the Montana county where any Montana property is located before filing; clerks can explain local filing requirements.
• Consider an attorney if: (a) domicile is unclear, (b) multiple states are involved with significant assets, or (c) there is litigation or creditors to address.

Reminder: This article explains general Montana law principles and is not legal advice. For specific guidance about whether to open probate in a particular state or how to handle Montana property, consult a licensed Montana probate attorney.