Detailed Answer — Step-by-step guide

1. Confirm who owns the property

Start by determining how the heirs hold title. After someone dies, inherited land is often owned by multiple heirs as tenants in common unless the will or probate order says otherwise. Get a copy of the deed(s), the will, and the probate court’s order (if the estate went through probate). Check county land records for recorded interests, mortgages, or liens.

2. Try an agreed solution first

Montana courts expect co-owners to attempt resolution before full litigation:

• Send a clear written demand asking for partition, sale, or buyout and keep proof of delivery.
• Offer options: divide the land, have one party buy out others at appraised value, or sell and divide proceeds.
• Consider mediation or a neutral appraisal to narrow disagreements.

3. Filing a complaint for partition in Montana district court

If informal demands fail, you can file a complaint (lawsuit) for partition in the Montana District Court where the property is located. Basic elements include:

1. Identify the property precisely (legal description used in the deed).
2. Name all persons who have an interest in the property as defendants — every co-owner and any recorded lienholders/creditors. Proper party joinder is essential; failure to include a necessary party can delay or void relief.
3. State whether you seek partition in kind (physical division) or partition by sale. Ask the court to appoint commissioners if division in kind is sought or to order a sale and appoint a commissioner or sheriff to carry it out.
4. Request an accounting: the court will ensure liens, mortgages, taxes, and sale costs are paid before distributing net proceeds to owners according to their shares.
5. Include any urgent requests (temporary injunction to prevent waste, boundary interference, or sale) if necessary.

4. Service and response

After filing, you must properly serve each defendant according to Montana procedure. Defendants then have a set time to answer. If someone cannot be found, the court has procedures for substituted service or publishing notice.

5. What the court can order

Montana courts can:

• Order partition in kind — physically divide the parcel if division is practical and fair.
• Order partition by sale — appoint a commissioner or direct a public/private sale when division in kind would be unjust or impractical.
• Order a buyout — allow one co-owner to purchase others’ interests at an appraised value in some circumstances.
• Direct distribution — pay off liens, costs, and then distribute the remaining proceeds according to ownership shares.

6. After the court’s decision

If the court orders sale, the commissioner or sheriff typically handles advertising, bidding and sale. After sale, any mortgage, taxes, and costs are deducted; the remainder is divided among co-owners. If property is partitioned in kind, surveyors and deed preparation will follow to assign clear title to the divided parcels.

7. Timing, costs, and practical considerations

• Partition litigation can take months to over a year depending on complexity, disputes, and appeals.
• Costs include filing fees, service fees, appraisal, survey costs, commission/sheriff fees, and attorney fees if you hire counsel.
• Courts balance fairness, practicality, and the character of the property (e.g., a single-family home often cannot be divided without rendering portions unusable).

Key Montana legal resources

Montana’s laws and court resources you may consult:

• Montana Code Annotated (search statutes and Title listings): https://leg.mt.gov/bills/mca/
• Montana Judicial Branch — self-help and court forms (district court information and sample forms): https://courts.mt.gov/selfhelp
• Montana court rules and local county district court contacts (for filing rules and fees): https://courts.mt.gov/rules

Note: Many partition procedures are implemented through district court practice and local rules, so court forms and local clerk guidance are useful starting points.

Helpful Hints

• Gather documentation first: deed(s), probate order, mortgage records, tax statements, surveys, and any written communications with co-owners.
• Send a certified written demand before suing. Courts and some judges expect a good-faith attempt to resolve disputes.
• Get a professional appraisal and a survey early if you expect division or buyout offers.
• Check for mortgages, liens, or unpaid taxes — these will affect net proceeds and settlement planning.
• Consider mediation: a mediated buyout often preserves family relationships and reduces costs.
• Ask about temporary relief if someone is causing waste (cutting timber, demolishing structures, blocking access).
• Bring everyone into the case. Missing or unknown heirs slow cases; Montana courts have procedures to notify unknown parties, but that adds expense and delay.
• Expect sentimental disputes. Courts resolve equities legally, not emotionally — be realistic about outcomes.
• Talk to a Montana real property attorney if sums are large, if title is unclear, or if litigation looks likely. An attorney can prepare pleadings, handle service, and protect your rights.