Probate appointment and oath — what documents you must file in Montana

Quick answer: To apply for appointment as personal representative (executor or administrator) and to take the required oath in Montana, you generally file a petition (application) for appointment, the original will if one exists, a certified copy of the decedent’s death certificate, the required court oath or affidavit, any renunciations or consents from other heirs or nominees, a bond or proof that bond is waived, and a proposed order. You may also need documents that show heirs, asset lists, and proof of service. Specific forms and wording depend on whether the decedent left a will and whether bond is required.

Detailed answer: documents required to apply for probate appointment and oath under Montana law

This section explains the common documents a Montana district court expects when someone asks to be appointed as a personal representative and takes the oath required by Montana probate law. This is a general guide only; the exact forms and steps vary by county and by whether there is a will.

1. Petition (Application) for Appointment of Personal Representative

You must file a written petition asking the court to appoint you. The petition typically states your name, your relationship to the decedent, whether the decedent left a will, and whether you ask to be appointed as executor (with a will) or administrator (without a will). The petition asks the court to issue letters testamentary or of administration and often requests that the court set bond amount or recognize a bond waiver in the will.

Montana’s probate rules and statutes govern petitions and appointment procedures. See Montana Code Annotated, Title 72 (Probate law) for statutes relevant to appointment and administration: https://leg.mt.gov/bills/mca/title_0720/

2. Original Will (if one exists)

If the decedent left a will, file the original will with the petition. The court generally needs the original to prove the will and to appoint the person nominated in it. If the original will cannot be produced, file an explanation and any available copies and be prepared to explain why the original is missing.

3. Certified Copy of the Death Certificate

The court requires a certified or certified-true-copy of the decedent’s death certificate to open the estate file and proceed with appointment and issuance of letters.

4. Oath or Affidavit of Personal Representative

Montana requires the appointed representative to take an oath to perform duties faithfully and account for estate assets. Courts have standard oath forms or require the oath to be written into the appointment documents. Some counties provide a specific “Oath” or “Acceptance and Oath” form you must sign in front of a court clerk or notary.

5. Bond or Written Waiver of Bond

The court may require a fiduciary bond to protect the estate. If the decedent’s will waives bond for the nominated personal representative, file the will provision that waives bond. If bond is required, file the surety bond forms or a bond application and proof that the bond is in effect before letters issue.

6. Heirship Information and Family/Heir Affidavit

When there is no will (intestate) or to help the court identify parties, file a list of heirs, their addresses, and relationship to the decedent. Some counties ask for an “Affidavit of Heirs” or an estate information form.

7. Notice and Proof of Service Documents

Montana law requires notice to interested persons (heirs, devisees, spouses, creditors). You must file proof that required notices were sent or served in the proper manner. Typical filings include a Certificate of Mailing, Affidavit of Service, or a signed acceptance of appointment by a nominated person.

8. Renunciations, Consents, or Acceptances

If another nominee or potential personal representative renounces appointment or consents to your appointment, file the written renunciation or consent. If multiple persons share appointment duties, file signed acceptances.

9. Proposed Order and Letters

Prepare a proposed order for the judge to sign that grants appointment and issues letters testamentary or of administration. After appointment, the court issues letters that act as official proof of authority.

10. Auxiliary documents the court or local rules may require

• Local court forms—many Montana counties have their own probate packet and mandatory forms. Check the county clerk’s website or the Montana Judicial Branch self-help page: https://courts.mt.gov/selfhelp/Probate
• Filing fee payment or fee-waiver application if you qualify
• Inventory and appraisement forms (filed after appointment in many estates)
• Proof of identity for the proposed representative (some clerks ask to see ID)

How these pieces fit together — a short hypothetical

Hypothetical: Jane asks the county district court to appoint her as executor of her father’s estate. Jane files: (1) a Petition for Appointment, (2) the original will that names her as executor, (3) a certified copy of the father’s death certificate, (4) the court’s Oath/Acceptance form signed in front of a clerk, (5) a copy of the will page that waives bond, (6) a proposed order and letters draft, and (7) a Certificate of Mailing showing she mailed notice to interested persons. The court reviews the petition, signs the order, and issues Letters Testamentary after Jane’s oath is administered and bond requirements are satisfied or waived.

Where to find Montana-specific forms and statutes

Use the Montana Judicial Branch self-help and forms pages for county-specific probate packets and sample forms: https://courts.mt.gov/selfhelp/Probate

For statutory authority on appointment, oath, bond, and related duties, consult Montana Code Annotated, Title 72. The Legislature’s site provides the full text of the statutes: https://leg.mt.gov/bills/mca/title_0720/

Important: The district court where the decedent lived handles probate. Local court clerks often provide a probate checklist and required forms. Filing requirements and fees vary by county.

Helpful Hints

• Contact the clerk of the district court in the county where the decedent lived and ask for the county’s probate packet and checklist before you file.
• Bring the original will. Courts prefer originals; copies often require extra proof or a hearing.
• Obtain a certified copy of the death certificate from the vital records office—courts will not accept an uncertified photocopy.
• Check whether the will waives bond. If it does, file the will provision. If it doesn’t, be ready to purchase a surety bond or ask the court to set bond after a hearing.
• Serve notice to heirs and creditors on time and keep proof of service. Missed notice can delay appointment and administration.
• Use county or state probate forms when possible. They reduce errors and speed processing.
• If the original will is missing, file a declaration explaining the circumstances and be prepared for a potential hearing to prove the will’s validity.
• If the estate is small, ask the clerk about simplified or small-estate procedures that may require fewer documents and a simpler petition.
• Consult a Montana-licensed attorney for complex estates, contests, or if disputes among heirs arise.

Disclaimer: This information is educational only and is not legal advice. I am not a lawyer. For advice tailored to your situation, consult a licensed Montana attorney or your county district court clerk.