How to Put a Parent’s House in You and Your Siblings’ Names When They Died Intestate in Montana

Disclaimer: This is educational information, not legal advice. I am not a lawyer. For legal advice about your specific situation, consult a licensed Montana probate attorney.

Detailed Answer — Step-by-step under Montana law

Below is a clear, practical walkthrough for what typically happens and what you must do to get title to a parent’s house when the parent died without a will (intestate) and the property is in Montana.

1) Confirm how the house is titled

Before anything else, find the deed. The way the deed is written determines whether the house has to pass through probate or passes automatically to someone else.

• If the house was owned as joint tenants with right of survivorship, or held with a valid transfer-on-death (TOD) beneficiary, the house often passes outside probate to the surviving joint owner or the TOD beneficiary. Check the deed for terms like “joint tenants,” “JTWROS,” or any beneficiary designation.
• If the deed lists only your parent as owner in fee simple (sole ownership), the property generally must go through probate before title can be cleared and transferred to heirs.

2) Determine who the heirs are under Montana intestacy rules

When someone dies without a will, Montana law determines heirs and how property is divided. The typical scenarios:

• If the decedent is survived by a spouse and children, the estate is divided between the spouse and the children according to Montana’s intestacy rules.
• If there is no surviving spouse, the decedent’s children (descendants) usually inherit the estate in equal shares.
• If there are no surviving descendants or spouse, other relatives (parents, siblings, etc.) may inherit.

See Montana statutes on intestate succession (Title 72, Probate). For the statutory rules on who inherits and how, consult Montana Code Annotated, Title 72, Chapter 2: Intestate Succession: https://leg.mt.gov/bills/mca/title_72/chapter_2/.

3) Start probate in the county where your parent lived

If the house is solely in your parent’s name, a probate case is usually required to clear title. The basics:

1. File a petition with the District Court in the county where the decedent lived to open an estate and ask the court to appoint a personal representative (sometimes called an administrator when there is no will).
2. File the death certificate and provide basic information about heirs and estate assets. The court issues Letters of Administration (or Letters Testamentary if there were a will) to the appointed personal representative.
3. The personal representative gathers assets, pays valid debts and taxes, inventories assets, and eventually asks the court to distribute remaining property to heirs.

Montana probate procedures are found at the Montana Judicial Branch resources and in the probate statutes. See Montana courts’ probate/self-help pages: https://courts.mt.gov/selfhelp/Probate and the Montana Code (Title 72): https://leg.mt.gov/bills/mca/title_72/.

4) Small estate procedures (possible faster option)

Montana provides simplified or expedited procedures for small estates in some situations. If the estate’s overall value (or the non-probate property) falls under required limits, or if only real property qualifies for a simplified transfer, you may be able to use a small estate affidavit or similar short-form procedure instead of full probate. Check the Montana statutes and county court rules for the exact requirements.

5) How property actually gets into heirs’ names

Once the court approves distribution, the personal representative typically executes and records a deed transferring the house to the heirs (or to one heir, if so ordered). The deed and the court order or Letters of Administration are recorded at the county clerk and recorder’s office to update title.

6) Practical documents and evidence you will need

• Original death certificate
• Original deed or certified copy from the county records
• Photo IDs for heirs and the person seeking appointment as personal representative
• Any mortgage statements, property tax statements, HOA information
• Information about other assets and debts of the deceased

7) Timing and costs

Probate timelines vary. Simple uncontested probates may take a few months. Estates with disputes, creditors, or complex assets can take a year or more. Costs include court filing fees, publication costs (if required), possible bond for the administrator, and attorney fees if you hire counsel. If all heirs agree and the estate is straightforward, costs and time can be much lower.

8) What to do if siblings disagree

If siblings disagree about selling the house, who should live there, or how to split proceeds, the administrator may ask the court to resolve the dispute. The court can order sale and distribution of proceeds if heirs cannot agree. Mediation or a probate attorney can often help resolve disputes without a long court battle.

Hypothetical example (to illustrate)

Hypothetical facts: A father died in Montana owning a house titled only in his name. He is survived by three adult children and no spouse. Under Montana intestacy rules, the three children would be the heirs and would inherit the estate in equal shares. An appointed administrator opens probate, pays debts, and asks the court to distribute the house to the three children. The administrator executes a deed transferring the house to the children (as joint owners or as tenants in common, according to their agreement), and the deed and court order are recorded to clear title.

Helpful Hints

• Start by locating the original deed and the death certificate. Those facts drive most of the next steps.
• If the deed shows joint ownership or a transfer-on-death beneficiary, record the death certificate with the county recorder first—probate may not be needed.
• If you expect the estate to be small, ask the county probate clerk whether small-estate procedures apply before filing a full probate case.
• Talk to your county clerk of court or the Montana Judicial Branch self-help pages for local forms and filing requirements: https://courts.mt.gov/selfhelp/Probate.
• Keep careful records of communications, receipts for estate expenses, and copies of filings—the court and co-heirs will want documentation.
• Consider getting a title search and title insurance if you plan to sell or refinance the property after transfer.
• If there are disagreements or complexity (debts, creditors, blended families), consult a Montana probate attorney early to avoid costly mistakes.
• Review Montana’s intestate succession statutes for authoritative rules governing who inherits: https://leg.mt.gov/bills/mca/title_72/chapter_2/.

If you’d like, tell me whether the deed listed joint owners or a TOD beneficiary, whether a spouse survived, and which county in Montana the house is in. I can then explain the likely next court steps and possible forms you’ll need.