Disclaimer: This is not legal advice. This article provides general information about Montana probate law.
Detailed Answer
In Montana, when someone dies without a valid will (intestate), the court appoints a personal representative—commonly called an administrator—to handle the estate. A potential heir may petition the district court in the county where the decedent resided for “Letters of Administration.”
Step 1: Determine Eligibility and Priority. Under Montana Code Annotated § 72-3-203 (MCA 72-3-203), the court gives priority to individuals in this order:
- Surviving spouse or registered domestic partner;
- Children or their descendants;
- Parent(s) of the decedent;
- Sibling(s) or their descendants;
- More distant relatives, including grandparents or aunts and uncles;
- Creditors, if no heirs come forward.
Step 2: File a Petition. The interested heir files a petition for appointment with the probate division of the district court. The filing must include:
- Certified copy of the death certificate;
- Verifiable family tree listing potential heirs;
- Petitioner’s relationship to the decedent;
- Estimated value of the estate.
Step 3: Notice and Objections. Montana law requires notice to all heirs and interested parties. If no eligible heir objects within 30 days, the court presumes consent and proceeds with appointment.
Step 4: Bond and Letters of Administration. Unless waived by all heirs, the court sets a bond under MCA § 72-3-205 (MCA 72-3-205) to protect estate assets. After the bond is posted, the court issues “Letters of Administration,” authorizing the administrator to:
- Inventory estate assets;
- Pay debts and taxes;
- Distribute property according to Montana’s intestate succession law.
Step 5: Administration and Closing. The administrator manages the estate, files periodic reports, and ultimately petitions the court for a final distribution order once debts and expenses are paid.
Helpful Hints
- Gather family documents early—death certificate, birth certificates, marriage records.
- Prepare a clear heirship chart to show relationships.
- Check if bond requirements can be waived by unanimous consent of heirs.
- Serve notice properly—Montana courts enforce strict service rules.
- Keep detailed records of all estate transactions.
- Consult a probate attorney if disputes arise or for complex estates.