Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Assume Jane Doe passed away in Missoula County, Montana, and no probate case exists. To open an estate proceeding, follow these steps under Montana law.
1. Choose the Right Probate Process
First, determine if you qualify for a summary probate or need a full administration. If the total estate value (excluding exempt property) is under $75,000, you may use the summary probate procedure under Mont. Code Ann. § 72-2-122. For larger estates or when a will exists, file for formal probate under Mont. Code Ann. § 72-3-201.
2. Gather Required Documents
- Certified copy of the death certificate.
- Original will, if one exists.
- Preliminary list of assets and estimated values.
- Names and addresses of heirs, devisees, and known creditors.
3. File the Petition
Prepare and file a Petition for Formal Probate and Appointment of Personal Representative with the district court in the county where the decedent was domiciled. Under Mont. Code Ann. § 72-3-201, the petition must include:
- The decedent’s name, date of death, and county of residence.
- A designation of the proposed personal representative.
- The approximate value and description of the estate assets.
- The names and addresses of heirs and devisees.
Pay the statutory filing fee to the clerk of court.
4. Post Bond and Issue Letters
Unless the will waives bond, the court will set a bond amount under Mont. Code Ann. § 72-3-701. After you post bond, the clerk issues Letters of Administration or Letters Testamentary under Mont. Code Ann. § 72-3-203. These letters authorize you to manage and distribute estate assets.
5. Notify Heirs and Creditors
Within one month of appointment, mail a copy of the letters and a Notice to Creditors to all known creditors under Mont. Code Ann. § 72-3-601. Publish a separate notice in a local newspaper once a week for three weeks. This step gives unknown creditors a chance to file claims.
6. Inventory and Appraisement
File an inventory and appraisement of all estate property within 60 days after appointment, per Mont. Code Ann. § 72-3-404. List each asset’s fair market value as of the date of death.
7. Administer the Estate
Pay valid creditor claims, bills, and taxes. Manage real and personal property according to court rules. Keep records of all transactions.
8. Final Distribution and Closing
After settling debts and distributing assets to heirs or devisees, file a Petition for Final Settlement and Discharge. Include a detailed accounting. Once the court approves the final report, it will discharge you as personal representative and close the estate.
Helpful Hints
- Consult local court rules for specific filing forms and deadlines.
- Maintain clear records and copies of all filings and receipts.
- Consider waiving bond in the will to reduce administration costs.
- Engage a Montana-licensed attorney if the estate involves real estate, complex assets, or disputes.
- Act promptly: missed deadlines can lead to personal liability for the personal representative.