Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Montana probate attorney for guidance.
Detailed Answer
In Montana, when someone dies without a valid will (intestate), you must secure letters of administration to appoint a personal representative who can manage and distribute the estate. The key statutes appear in Title 72, Chapter 3, Part 5 of the Montana Code Annotated (MCA).
1. Certified Death Certificate
You must file a certified copy of the decedent’s death certificate with your petition. This establishes the date and place of death. See MCA § 72-3-502: Who May Apply.
2. Petition for Appointment of Administrator
Prepare and sign a Petition to Determine Intestacy and Appoint Administrator under MCA § 72-3-506: 72-3-506. The petition must include:
- Decedent’s full name, date of death, and last domicile.
- Approximate value and nature of estate assets.
- Names and addresses of all heirs or next of kin.
- Statement that no will has been presented for probate.
3. List of Heirs and Their Addresses
Attach a verified list of all persons entitled to inherit under Montana’s intestacy scheme. Include current mailing addresses and relationship to the decedent.
4. Oath of Administrator
Before issuing letters, the personal representative must take an oath to faithfully execute duties. See MCA § 72-3-509: Oath and Bond.
5. Personal Representative’s Bond
The court may require a surety bond to protect the estate. The bond amount usually equals the estate’s value. Montana courts can waive this requirement if all heirs consent. Refer to MCA § 72-3-509 for bond details.
6. Renunciations or Waivers
If multiple persons have priority to serve (e.g., surviving spouse and adult child), include written renunciations or waivers from those not seeking appointment. This streamlines the hearing process.
7. Filing Fees and Estate Tax Waivers
Pay the applicable probate filing fee at the time of submission. If the estate qualifies for a small estate affidavit or estate tax waiver (depending on value), attach those documents.
Helpful Hints
- Review local district court probate rules for additional forms and fee schedules.
- Confirm whether your county requires electronic or paper filing.
- Gather heir contact information early to avoid delays in service and notices.
- Check for creditor claim deadlines (normally 4 months from issuance of letters).
- Consider consulting an attorney if you encounter disputed heirship or complex assets.