Detailed answer — selling a co-owned property in Montana to cover funeral and property taxes
When you need to sell a co-owned property in Montana to cover funeral costs and past-due property taxes, there are clear steps to follow. This answer explains common legal routes, what to expect, and practical next steps. This is educational information only and not legal advice.
Step 1 — Determine ownership and whether probate is needed
First, confirm how the property is titled. Common possibilities:
- Joint tenants with right of survivorship: If the deed names joint tenants and one owner died, the surviving joint tenant usually owns the whole property automatically. No probate is required to transfer title in most cases.
- Tenants in common: Each owner owns a divisible share. If a co-owner died owning a tenant-in-common interest, that interest usually passes through that person’s will or through intestate succession and may require probate to deal with funeral claims and estate debts.
- Owned by an estate: If the decedent’s share is already in probate, the personal representative (executor) handles sale decisions subject to court rules and creditor priorities.
You can check title by ordering a title report or looking at the deed recorded at the county clerk and recorder’s office.
Step 2 — Try a voluntary sale or agreement among co-owners
The fastest, least costly route is an agreed sale. Options include:
- All co-owners agree to sell and sign listing and sale documents. Proceeds are divided according to ownership percentages and used to pay funeral and tax bills.
- One co-owner buys out the others’ shares for a negotiated price so the property does not need to be listed.
- Co-owners agree that the estate will sell the decedent’s share to cover funeral and taxes; the personal representative oversees the sale if probate is open.
A voluntary route avoids court costs and delays. Put agreements in writing and use a title company or real estate attorney at closing to clear liens and ensure clean transfer.
Step 3 — If co-owners disagree: partition action in Montana district court
If co-owners cannot agree to sell or buy out, Montana law allows a judicial partition action. A partition action asks a court to divide or sell the property and distribute proceeds among owners. Typical features:
- A co-owner (or the estate/personal representative) files a partition lawsuit in the appropriate Montana district court where the property sits.
- The court first considers whether a physical division (partition in kind) is feasible. If dividing the land is not practical, the court orders a sale and divides proceeds according to ownership shares.
- Costs and attorney fees associated with the partition are generally paid from sale proceeds, which reduces net proceeds available for funeral or tax payments.
Partition procedures and remedies are part of Montana property law; local district court rules and Montana statutes govern the process. For an overview of Montana statutes and court resources, start with the Montana Code of Annotated and the Montana Judicial Branch:
- Montana Code Annotated (MCA) — table of contents
- Montana Judicial Branch (court information and forms)
Step 4 — Handling funeral bills and property tax liens
Funeral expenses and property tax debts can often be paid from estate assets before distribution to heirs if probate is open. If there is no probate, funeral providers may try to collect from the decedent’s estate or pursue co-owners depending on any agreements.
Property taxes create liens on real property. Before or at closing, a title company or closing attorney will identify tax liens and require payoff of any delinquent taxes from sale proceeds so the buyer receives clear title. Montana tax and revenue laws set out county tax procedures; consult county treasurer records and the Montana taxation statutes for specifics:
Step 5 — Practical sale logistics
- Order a title search and get a current payoff statement for any mortgage and for property taxes.
- Get a market valuation—appraisal or comparative market analysis—to set a listing price or guide buyout offers.
- Choose a realtor experienced with probate/co-owned sales, or negotiate directly and use an attorney or title company for closing documents.
- Resolve liens and creditor claims at closing using proceeds. If probate is open, the personal representative pays valid creditors first according to probate priorities.
- Distribute net proceeds according to ownership shares or court order after payoffs, fees, and costs.
When to involve an attorney
Consider hiring a Montana attorney when:
- Co-owners disagree and a partition action seems likely.
- Probate is required to resolve the decedent’s estate or claims against it.
- There are complicated liens, mortgages, tax issues, or unclear title.
Look for an attorney with experience in Montana real estate, probate, or estate administration. You can find local attorney referral resources via the State Bar of Montana or the Montana Courts site.
Timeline and likely costs
Voluntary sales can take 30–90 days (listing, offer, closing). Probate and partition actions can take several months to over a year depending on contested issues. Expect costs such as realtor commissions, closing costs, title fees, appraisal fees, and attorney fees. Partition litigation adds court costs and potentially higher attorney fees that come from sale proceeds.
Sample quick checklist
- Obtain a copy of the deed and recent tax bill.
- Order a title search.
- Contact county treasurer to confirm tax lien and amounts owed.
- Talk to co-owners about selling or buyout options and put any agreement in writing.
- If probate exists or is needed, contact the personal representative or open an estate and list debts (including funeral costs) for payment.
- If co-owners disagree, consult a Montana attorney about filing a partition action in district court.
Key Montana resources
- Montana Code Annotated (MCA) — start here to locate statutes on property, probate, and taxation
- Montana Judicial Branch — court locations and forms
- State Bar of Montana — lawyer referral and resources
Final notes
Selling co-owned property to cover funeral and property tax expenses is often possible, but the best path depends on whether owners agree, whether probate is required, and whether tax liens or other claims exist. Voluntary agreements and clear title work are the fastest solutions. When co-owners cannot agree, a partition action in Montana district court can force a sale but increases cost and delay.
Disclaimer: This article is for general information only and does not constitute legal advice. Laws change, and every situation is different. Consult a licensed Montana attorney to get advice tailored to your situation.