Gather Key Estate Documents and Certificates in Montana
To start estate administration in Montana, you must gather key documents and certificates. Collecting these items early speeds up probate and helps you fulfill Montana law requirements.
Essential Personal and Probate Documents
- Original Last Will and Testament: Locate the decedent’s signed will. (MCA 72-1-102)
- Certified Death Certificate: Order at least five certified copies from the Montana Department of Public Health and Human Services. (MCA 50-19-104)
- Trust Agreements: Include any revocable or irrevocable trust documents and amendments.
- Heir and Beneficiary Information: Prepare names, addresses, and birth dates of heirs at law and named beneficiaries as required under MCA 72-3-202.
Property and Financial Records
- Real Estate Deeds: Gather deeds, property tax statements, and mortgage information.
- Vehicle and Asset Titles: Collect car titles, vessel registrations, and other titled assets.
- Bank and Investment Statements: Include account statements as of the date of death.
- Insurance Policies and Beneficiary Forms: Life insurance, annuities, retirement plans, and their beneficiary designations.
- Tax Returns: Last federal and state income tax returns and any gift tax filings.
Filing for Appointment of Personal Representative
To open probate, file a petition in the district court of the county where the decedent lived. Under MCA 72-3-201, include:
- Original will (if any).
- Certified death certificate.
- Proposed personal representative’s oath.
After approval, the court issues Letters Testamentary or Letters of Administration, authorizing estate management and distribution. (See MCA 72-3-301.)
Disclaimer
This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Order extra certified death certificates for financial institutions.
- Check for safe deposit boxes and notify banks after appointment.
- Review beneficiary designations on all payable-on-death accounts.
- Keep a detailed inventory of all estate assets and their values.
- Consult a probate attorney for complex estates or creditor issues.