Detailed answer — what you must prove and how to reopen an estate in Montana

Short answer: To qualify as the administrator (personal representative) in a reopened Montana probate, you must prove (1) your status in the family relationship chain that gives you priority under Montana law, and (2) that the court should reopen the estate because assets were omitted, claims remain, or circumstances changed. In practice you do this by filing a petition, submitting certified vital records and other documentary proof of relationship, and following Montana probate procedures (including bond and notice requirements).

1. Who can be appointed? Order of priority under Montana law

Montana law sets priorities for appointment of a personal representative. The court usually prefers a surviving spouse, then adult children, then other next of kin. For the specific statutory scheme, see Montana Code Title 72 (Estates and Trusts) and the probate appointment provisions: Mont. Code Ann. Title 72 — Estates and Trusts. A commonly cited provision describing who may be appointed is at Mont. Code Ann. § 72-3-201 (appointment of personal representative).

2. Core documents you will need to prove next-of-kin status

Bring certified (long-form) copies when possible. Photocopies or uncertified copies are often not enough. Typical documents the court expects:

• Certified death certificate for the decedent (to show the probate is for a deceased person).
• Your certified birth certificate (to show your relationship to parents or to the decedent when applicable).
• Decedent’s birth certificate, if available (to connect family lines).
• Marriage certificate(s) showing spouse relationships (your marriage to the decedent or the decedent’s marriages).
• Children’s birth certificates (to show lineal descendants if you claim as a child or parent).
• Divorce decrees or death certificates of intervening relatives (if they affect priority or inheritance lines).
• Adoption records or legitimation documents (if adoption affects inheritance rights).
• Name-change documentation (court order or certified records) if names differ on documents.
• Official genealogical documents when multiple generations are involved (e.g., certified marriage and birth certificates tying you into the family tree).
• Previous probate documents (letters testamentary, letters of administration, inventory, order closing estate) if the estate was previously opened and is being reopened.
• Affidavits of heirship or sworn family-tree affidavits from disinterested witnesses, if primary documents are missing — these are supplemental and weighed at the court’s discretion.
• DNA test results only when documentary proof is unavailable and paternity/biological relationship is genuinely disputed — courts treat DNA as evidence but often prefer documentary vital records.

3. Documents and filings to reopen an estate and be appointed administrator

When reopening a Montana estate, you generally must:

1. File a petition to reopen the estate and/or a petition for appointment as personal representative. The petition should explain why the estate closed or administration stopped and what new assets, claims, or mistakes require reopening.
2. Attach or file certified copies of the decedent’s death certificate and any prior probate orders, inventories, or closing documents.
3. Attach your proof of kinship (certified vital records, affidavits tying you to the decedent).
4. Provide a proposed bond (if Montana statutes or the court requires a bond for administrators) and proof of bond insurance or surety.
5. Provide notice documents and proof of service to known heirs and creditors as required by Montana probate procedure.
6. Be prepared to produce identification and sign required affidavits or oaths before the court.

4. When documentary proof is missing — alternatives the court accepts

If you cannot find certified records:

• Obtain replacement vital records from the state that issued the original record (e.g., birth or marriage certificates). Montana’s Vital Records Office can issue replacements for Montana events.
• Use certified copies from other jurisdictions (births or marriages outside Montana).
• Submit sworn affidavits from relatives with direct knowledge of family relationships; the court may accept these especially together with other corroborating evidence (old family Bibles, photos, cemetery records, church records).
• In rare disputes about parentage, petitioners sometimes submit DNA testing together with a court motion asking the court to consider it as evidence of relationship.

5. Practical checklist — what to bring to the courthouse or to your first meeting with a probate attorney

• Certified death certificate for decedent.
• Your government ID (driver’s license or passport).
• Certified birth, marriage, divorce, adoption, and name-change records that connect you to the decedent.
• Copies of any will (if one exists) or prior probate case numbers and orders.
• List of known heirs, their contact information, and addresses.
• Any documentation of the estate’s previously undisclosed assets (bank statements, deeds, titles).
• Information about where the decedent lived and where they owned property (county/township), so the petition can be filed in the correct Montana county court.

6. Example (hypothetical)

Hypothetical: Jane Doe died in Montana. The estate closed after an initial inventory, but later a bank notifies family of a safety-deposit box. Her nephew, Sam, believes he is the next of kin because Jane had no spouse or children. To be appointed administrator when reopening the estate, Sam files a petition to reopen, attaches Jane’s death certificate, his certified birth certificate showing his parent was Jane’s sibling, the decedent’s old probate files showing the estate’s prior closing, and proposes a bond. He serves notice on known heirs and the court schedules a hearing. At the hearing the judge reviews Sam’s documentary proof of kinship and, if satisfied with priority and notices, issues an order appointing Sam as administrator to collect the newly discovered asset.

7. Common pitfalls and how to avoid them

• Missing certified documents — don’t use photocopies alone; obtain certified replacements in advance.
• Poorly drafted affidavits — have affidavits notarized and include specific facts showing knowledge of the family relationship.
• Failure to give proper notice — follow Montana rules for serving heirs and creditors, or the court may delay appointment.
• Incorrect venue — file in the county where the decedent was domiciled at death.

8. Where to find Montana statutes and forms

Montana laws governing estates and probate are in Title 72 of the Montana Code: https://leg.mt.gov/bills/mca/title_72/. For rules on appointment of a personal representative and priorities, see the probate appointment chapter (for example, Mont. Code Ann. § 72-3-201 describes who may be appointed).

9. When you should consult an attorney

Consider consulting a probate attorney if:

• Multiple people claim to be next of kin and there’s a dispute;
• A will or prior probate file suggests conflicting claims or the estate was previously closed improperly;
• You expect significant assets, complex property (real estate in multiple states), or creditor claims;
• Vital records are missing and the family tree is complex.

Helpful Hints

• Start with certified vital records. They carry the most weight in court.
• Make a simple family tree showing how you connect to the decedent; include dates and document sources for each link.
• If a relative has the original will or prior probate papers, get certified copies right away.
• Get replacement records early — requesting birth or marriage certificates from state offices can take weeks.
• Keep a record of who you served with notice and how you served them (certified mail receipt, sheriff return, etc.).
• If you expect to be required to post a bond, contact a surety or bonding company for a quote before the hearing.
• Use plain, chronological exhibits when you submit your petition: exhibit 1 = death certificate, exhibit 2 = your birth certificate, etc.
• If an heir lives out of state, explain service methods and provide contact info in the petition to avoid delays.