Detailed Answer

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general Montana probate rules to help you understand the process. For advice about your specific situation, consult a licensed Montana attorney or the local probate court.

If your sibling died without a will (intestate) in Montana, you can seek appointment as the personal representative (often called an administrator) of their estate. The court appoints a personal representative to collect assets, pay debts and taxes, and distribute what remains to heirs under Montana law (Montana Code Annotated, Title 72). For Montana statutes and an overview of probate law, see the Montana Code Annotated and Montana courts probate pages: Montana Code Annotated (MCA) and Montana Courts — Probate Self-Help.

Who is eligible to be appointed?

• You must be an adult and legally competent.
• The court will not appoint someone who is disqualified by statute (for example, certain felons or other disqualifying circumstances may not be eligible under applicable law).
• Priority of appointment follows Montana’s probate rules: typically a surviving spouse or children have first priority, followed by parents, then siblings and more remote relatives if no higher-priority heirs exist. If your sibling left no spouse, no children and no surviving parents, a surviving sibling is commonly next in line to serve and to inherit under intestacy rules.

Typical step-by-step process to qualify and be appointed

1. Confirm intestacy and identify heirs. Look for any signed will. If there is none, gather basic family information (surviving spouse, children, parents, siblings, other relatives) and documents that show your sibling’s Montana residency.
2. Determine proper venue. File in the district court of the county where the decedent lived at death (the county of residence is usually the correct courthouse).
3. Prepare and file a petition for appointment of personal representative. The petition asks the court to appoint you to administer the estate. You will need the decedent’s death certificate, a basic asset list, and the names and addresses of known heirs and creditors.
4. Provide required notices. After filing, Montana law requires notice to heirs and interested persons and to creditors. The court clerk or local rules will explain how and when to provide notice.
5. Attend any hearing. The court may schedule a hearing. If no one objects and you are eligible, the judge typically appoints you as personal representative.
6. Post a bond if required. The court might require a fiduciary bond (insurance guaranteeing honest administration). Sometimes heirs can waive the bond in writing, or the court can waive it depending on circumstances.
7. Receive Letters of Administration. Once appointed, the court issues official documents (often called Letters of Administration or Letters of Personal Representative) that prove your authority to act for the estate. Use these to access accounts, sell property, and settle debts.
8. Inventory, manage assets, pay claims and taxes. You must gather and secure assets, file an inventory with the court if required, publish or send creditor notices, pay valid debts and taxes, and keep accurate records.
9. Distribute remaining assets. After debts and expenses are paid, distribute the estate under Montana’s intestacy rules (those rules determine which relatives inherit and in what shares).
10. Close the estate. File final accounting and petition for discharge when administration is complete. The court will release you from liability when it approves final distribution and discharges you as personal representative.

How Montana intestacy rules affect your appointment and inheritance

Appointment as administrator and the right to receive property are separate but related. Even if you are appointed as administrator, the estate distributes according to Montana’s intestacy rules. Those rules establish who inherits and the share each heir receives. For the statutory rules, see Montana Code Annotated, Title 72 (Probate and Nonprobate Estates): https://leg.mt.gov/bills/mca/. If you are both a likely heir and a qualified administrator, you may serve and later receive whatever share the statutes allocate.

Common hurdles and how to handle them

• Contested appointment: Another person (for example, a more closely related heir) can object. If this happens, the court decides under priority rules and what is in the estate’s and heirs’ best interests.
• Missing heirs: The court may require reasonable efforts to find other heirs. Follow court directions on notice and publication.
• Assets outside Montana: You may need ancillary probate in other states for assets located elsewhere.

Hypothetical example

Imagine your sibling, who lived in Missoula County, dies intestate. They left no spouse, no children and their parents predeceased them. You are an adult sibling living in Montana. You can file a petition for appointment in Missoula County District Court. If you meet eligibility requirements and no higher-priority heir exists, the court will likely appoint you. After appointment and securing Letters of Administration, you inventory the assets, notify creditors, pay valid claims, and then distribute the remaining estate to you and any other surviving siblings according to Montana’s intestacy scheme.

Where to find forms and local rules

Contact the district court clerk in the county where the decedent lived for local probate forms and filing procedures. The Montana courts site has general probate resources: https://courts.mt.gov/selfhelp/probate. For statutory text, consult the Montana Code Annotated online at https://leg.mt.gov/bills/mca/ (see Title 72 under Probate and Nonprobate Estates).

Helpful Hints

• Start by looking for a will and confirming the decedent’s legal residence.
• Gather documents before filing: death certificate, bank statements, titles, insurance policies, and contact information for heirs and creditors.
• Call the county courthouse clerk to learn local filing requirements and to request the correct probate forms.
• Be careful not to distribute assets before the court authorizes distribution. Doing so can expose you to personal liability.
• Keep detailed records and receipts for all transactions and communications related to the estate.
• If a bond is required and you cannot afford it, ask the court about bond alternatives or whether heirs will waive the bond in writing.
• Consider at least a brief consultation with a Montana probate attorney when the estate has significant assets, complex claims, or disputes among heirs.
• Remember federal tax rules may apply in large estates; check with a tax professional before final distribution if the estate might be large enough to trigger federal estate tax reporting requirements.

If you would like, I can outline a checklist of documents you’ll likely need to file the initial petition in your county or suggest questions to ask the probate clerk or an attorney.