Detailed Answer
Estate Administration in Montana
In Montana, estate administration cases are filed in the District Court of the county where the decedent resided at the time of death. Under Mont. Code Ann. §72-3-102, the court has jurisdiction over probate matters. Mont. Code Ann. §72-3-101 establishes venue in the decedent’s home county. To open an estate, you file a petition with the Clerk of District Court. This office issues Letters Testamentary or Letters of Administration and oversees asset distribution and creditor claims. Find your local District Court contact at Montana Courts – District Court.
Unclaimed Property Claims in Montana
The Unclaimed Property Program is managed by the Montana Department of Revenue. Under Mont. Code Ann. §70-25-217, owners may file claims to recover unclaimed property held by the state. You can search for holdings and submit a claim through the Department’s online portal at Montana Department of Revenue Unclaimed Property. For statutory details on claiming property, see Mont. Code Ann. §70-25-217: 70-25-217 MCA.
Helpful Hints
- Locate the correct county by verifying the decedent’s last residence. Use the Montana Courts website to find contact details.
- Prepare certified death certificates and the original will (if any) when filing for probate.
- Expect filing and probate fees; check the court’s fee schedule online or by phone.
- To search unclaimed property, use the Department’s online database by owner name or property ID.
- Deadlines: File probate petitions promptly (generally within a few months after death) to avoid delay. Unclaimed property claims may require proof of ownership, such as account statements or identification.
- Consider consulting a probate or estate attorney for complex estates or unclear heirship issues.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney or appropriate office for legal guidance.