Detailed Answer
Under Montana law, a personal representative (often called an executor or administrator) has clear duties to heirs and beneficiaries. These requirements appear primarily in Montana Code Annotated (MCA) Title 72, Chapter 3. Key obligations include:
- Notification of Appointment: Within 30 days of appointment, the personal representative must notify all heirs, devisees and named beneficiaries that they are administering the estate (MCA 72-3-218).
- Inventory and Appraisement: File a complete inventory and appraisement of estate assets with the court within three months of appointment. A copy of this inventory must be made available to any heir on request (MCA 72-3-206).
- Fiduciary Duties: The personal representative owes a duty of loyalty, impartiality and prudence. They must manage estate assets carefully, avoid conflicts of interest and treat all heirs fairly (MCA 72-3-205).
- Creditor and Beneficiary Notices: Publish notice to creditors and notify known creditors so debts can be submitted. Heirs may request proof of creditor notices to understand potential liabilities (MCA 72-3-203).
- Accounting and Reports: Provide annual or final accountings showing all receipts, disbursements and distributions. Heirs have the right to inspect these accountings, and a copy may be supplied on request (MCA 72-3-301).
- Distribution of Assets: After debts, taxes and expenses are paid, the personal representative must distribute remaining assets to heirs in accordance with the will or Montana’s intestacy rules (MCA 72-2-105).
Throughout administration, heirs may request status updates and copies of filings from the court’s file. Montana courts typically allow informal communication with the personal representative to resolve questions.
Disclaimer: This information is provided for general understanding only and does not constitute legal advice. Consult a qualified Montana attorney for guidance about a specific probate matter.
Helpful Hints
- Ask the personal representative for a copy of the inventory as soon as it is filed.
- Keep a record of any notices you receive and your communications with the personal representative.
- Review accountings carefully—question any unexplained expenses.
- Consult probate court rules for deadlines on objections or requests for additional information.
- If you believe the personal representative isn’t fulfilling duties, consider seeking court intervention or legal advice.