Detailed answer

When someone dies and a court appoints an estate administrator (sometimes called a personal representative or executor), that person has legal duties to marshal assets, pay valid debts, account to beneficiaries, and distribute the estate according to the will or Montana law. If an administrator becomes unresponsive or refuses to distribute assets, beneficiaries and heirs have several remedies through Montana probate courts.

Step 1 — Document attempts to communicate

Start by sending a written request to the administrator asking for an accounting and a status update on distribution. Keep copies of letters, emails, and certified mail receipts. A clear paper trail helps the court and any attorney you hire show the administrator was notified and uncooperative.

Step 2 — Request a formal accounting

Heirs can ask the administrator to file a formal account with the probate court. Montana’s probate framework requires personal representatives to keep accurate records and report actions to the court and beneficiaries. If the administrator refuses to provide an accounting, beneficiaries can file a motion in the probate case asking the court to compel an accounting and to review the administrator’s records.

Step 3 — Petition the probate court to compel action

If informal requests fail, file a petition with the district court handling the estate (probate). Typical petitions include:

• Motion to compel accounting or production of estate records;
• Motion to compel distribution of assets after debts and expenses are paid;
• Motion to appoint a special master or attorney to assist with accounting, if the estate records are complex or missing.

Step 4 — Petition for removal or surcharge

If the administrator is neglecting duties, acting in bad faith, wasting estate property, concealing assets, or otherwise breaching fiduciary duties, beneficiaries can petition the court to remove the administrator and appoint a successor. The court can also order a surcharge — financial liability against the administrator — for losses caused by misconduct or negligence. These are remedies a Montana district court can grant in probate matters.

Step 5 — Seek contempt or other sanctions

When a court has already ordered the administrator to act (for example, to provide an accounting) and the administrator willfully disobeys, the court may hold the administrator in contempt and impose sanctions. Petition the court for enforcement of its orders.

Step 6 — Civil claims against the administrator

In addition to probate remedies, heirs may bring civil claims for breach of fiduciary duty, conversion, or unjust enrichment in state court. These claims can seek monetary damages for losses the estate or beneficiaries suffered because of the administrator’s misconduct.

How the process usually works in Montana

Probate matters are handled in Montana district courts. Heirs should:

1. Identify the probate case (case number and court).
2. Review filings already in the court record (petitions, inventories, accountings, orders).
3. File a written petition or motion asking the court to require an accounting, compel distribution, remove the administrator, or impose sanctions.

Practical timeline and what to expect

Montana courts generally require notice to interested persons before deciding petitions that affect the estate. Expect some delay between filing a petition and getting a hearing. If the estate is small and the administrator’s inaction is simple (for example, failing to transfer a bank account), courts often order quick relief. For contested cases with allegations of fraud or complex accounting issues, the process may take longer and could require discovery, hearings, or a bench trial.

Where to find Montana statutes and court resources

Key Montana probate provisions are in the Montana Code Annotated (probate/title sections). For an overview of relevant statutes and procedures, see the Montana Legislature’s code index for probate: Montana Code Annotated, Title 72 (Probate and Decedents’ Estates). For practical court forms and self-help information, see the Montana Judicial Branch probate pages: Montana Courts — Probate Self-Help. District court locations and contacts are at Montana District Courts. These resources will point you to the specific filings and local rules for your county’s probate court.

When to talk to an attorney

If the administrator’s refusal appears intentional, or if the estate involves significant assets, contested claims, or missing records, consult an attorney who handles probate litigation. An attorney can prepare petitions, gather evidence, handle hearings, and advise whether to pursue removal, surcharge, or civil claims. If cost or complexity is a concern, many Montana attorneys offer initial consultations and can explain fee structures and likely outcomes.

Helpful hints

• Keep all communications in writing and preserve copies of emails, letters, and certified mail receipts.
• Obtain the probate case number and read the official court file — many filings are public records at the district court clerk’s office.
• Ask the administrator for a formal accounting in writing and give a reasonable deadline (for example, 21–30 days).
• If you file papers in court, serve copies on the administrator and other interested persons per Montana court rules.
• Document any signs of asset concealment (missing bank accounts, sale of property without notice, unexplained transfers).
• Consider mediation or settlement if communication becomes possible — courts often favor resolving disputes without prolonged litigation.
• Act promptly — delays can let problems get worse or limit remedies available to heirs.
• Use Montana court and legislature resources for forms and statute references: start at Montana Courts — Probate Self-Help and Montana Code Annotated, Title 72.