Disclaimer

I am not a lawyer and this is not legal advice. This article explains general steps under Montana law to review and, when appropriate, correct probate filings. Use this information to prepare for next steps and consider consulting a licensed Montana attorney for case-specific advice.

Detailed answer: step-by-step guidance under Montana law

1) Locate the probate case and get the official file

Probate matters in Montana are handled by the district court in the county where the decedent lived at death. Start by contacting the clerk of the district court in that county. Ask for:

• Case docket sheet (chronological list of filings)
• Copies of all pleadings, orders, inventories, accountings, and notices
• Any letters of appointment for the personal representative

Request certified copies if you need to file anything with the court. If you do not know which county, the clerk can often help locate the case if you provide the decedent’s full name and date of death.

2) Understand the typical probate filings and what to look for

When reviewing the file, confirm whether the following appear and are correct:

• Petition for probate (with the decedent’s will, if any)
• Orders admitting the will to probate and/or appointing a personal representative
• Notices to heirs, beneficiaries, and creditors
• Inventory and appraisement of the estate’s assets
• Claims filed by creditors and how they were resolved
• Accountings or final account and distribution orders

Common problems include missing inventory or accountings, incorrect asset values, missing or late notices, misnamed beneficiaries, or the absence of a will that should have been submitted.

3) Distinguish clerical errors from substantive problems

Some mistakes can be fixed quickly by the clerk or by a simple court motion (clerical errors, wrong dates, typos). Substantive problems—such as failure to give required notice, improper distributions, unfiled accountings, or allegations of misconduct by the personal representative—usually require a formal motion or petition and possibly a hearing.

4) Short remedies and the paperwork to correct filings

Depending on the problem, common corrective actions include:

• Clerical correction (nunc pro tunc) — a motion asking the court to correct a recording mistake or typo in an order or minute entry.
• Motion to reopen or set aside — if an important filing was omitted or the court lacked necessary information when issuing an order.
• Petition to compel accounting or for an order settling the estate account — if the personal representative has not filed an accounting or the accounting seems incomplete.
• Petition for instructions or clarification — where the personal representative or beneficiaries need the court to interpret a will or an order.
• Petition to admit a lost or later-discovered will — when a valid will was not originally filed with the probate petition.
• Petition to remove a personal representative or surcharge — where there is alleged misconduct, mismanagement, or breaches of fiduciary duty.
• Motion to reopen the estate — when new assets or claims surface after the estate was closed.

Many of these actions require supporting evidence (affidavits, documents, witness statements) and formal service on interested parties.

5) Rules, statutes, and resources to check in Montana

Montana’s statutes governing trusts, estates, and protective proceedings are found in Title 72 of the Montana Code Annotated. Consult Title 72 for detailed rules on probate procedures, appointment of personal representatives, inventories, accountings, and creditor notices. Montana’s courts also publish self-help probate information and local court clerks can provide forms and filing procedures.

Relevant official resources:

• Montana Code Annotated, Title 72 (Trusts, Estates, and Protective Proceedings)
• Montana Judicial Branch — Probate Self-Help and Forms

6) Timing and acting promptly

Different relief has different timing rules. For example, deadlines for filing creditor claims, contesting probate, or requesting removal of a personal representative can be short. Even when an absolute statutory deadline is unclear, evidence and records are easier to obtain earlier. Do not delay: request the court file and consult an attorney promptly.

7) If you expect a dispute or suspect misconduct

Preserve evidence: keep originals or certified copies of documents, communications, receipts, and appraisals. Consider the following steps:

• Make a written demand for an accounting from the personal representative.
• Consider mediation if parties are willing and the court permits it.
• If you suspect theft, fraud, or serious misconduct, talk with an attorney about filing a petition to remove the personal representative and seek surcharge/recovery.

8) Practical examples (hypothetical)

Example 1 — Missing inventory: You request the probate file and discover no inventory was filed. You can first ask the personal representative to file an inventory. If they refuse, you can file a petition in the district court to compel filing and, if necessary, seek sanctions or removal.

Example 2 — Incorrect distribution: A beneficiary’s name is wrong and the distribution order directs assets to the wrong person. A motion to correct the order (and possibly a hearing) will likely be necessary; the court may issue a corrective order and require proof of proper identity before distribution.

9) When to hire a Montana probate attorney

Consider hiring an attorney if:

• The personal representative will not cooperate with requests for documents.
• There are allegations of mismanagement, fraud, or theft.
• The probate involves complex assets (business interests, out-of-state property, tax issues).
• You need to file a contested petition, removal, or will contest.

An attorney experienced in Montana probate can prepare and file the correct motions, comply with service rules, and represent you at hearings.

Helpful hints

• Start at the county district court clerk — they are the official custodian of the probate file.
• Obtain a certified docket sheet and certified copies of key documents before deadlines expire.
• Keep a written record of every communication (dates, names, content) with the personal representative and court staff.
• Collect original evidence: original wills, deeds, bank records, receipts, appraisals.
• Make a formal written demand for an accounting before filing motions — courts often expect a demand was made first.
• Preserve deadlines: act promptly on creditor claims, will contests, and petitions to reopen an estate.
• Use the Montana Judicial Branch resources and local court forms to follow proper procedures: courts.mt.gov/selfhelp/probate.
• If in doubt, consult a Montana-licensed probate attorney. An initial consultation can clarify deadlines and likely remedies.