info@plmontana.com

406-422-4522

PASSAMANI & LETANG PLLC

Probate Administration

Probate administration is the legal process of settling a deceased person’s estate—paying debts, distributing assets,  and ensuring the decedent’s wishes are carried out according to their will or, if there is no will, according to state law. It often involves filing documents with the court, notifying heirs and creditors, and managing financial and legal responsibilities during a dificult time. Whether you’re a personal representative handling probate for a loved one or a beneficiary with questions about your rights, our firm provides guidance and support every step of the way. We work to make the process as smooth and efficient as possible, so you can focus on what matters most.

We help in the probate process from start to fnish. Here are the steps from start to finish.

1. Opening the Estate

  • Determine type of probate: Informal (§ 72-3-301, MCA), Formal (§ 72-3-401, MCA), or Supervised (§ 72-3-201, MCA)
  • File application/petition to open probate: § 72-3-122, MCA
  • Submit original will (if applicable): § 72-2-521, MCA
  • Appointment of Personal Representative (PR) and issuance of letters: §§ 72-3-103 and 72-3-202, MCA

2. Notifying Interested Parties

  • Notice to heirs, devisees, and interested persons: § 72-3-105, MCA
  • Publication of notice to creditors: § 72-3-801, MCA
  • Direct notice to known creditors: § 72-3-804, MCA

3. Inventory and Appraisal

  • PR must inventory the estate within 9 months: § 72-3-607, MCA
  • Value assets as of date of death: § 72-3-607(2), MCA
  • File inventory with the court (if formal/supervised probate): § 72-3-607(1), MCA

4. Paying Debts and Expenses

  • Notice to creditors triggers a claims period: § 72-3-801, MCA
  • Review and allow/disallow claims: § 72-3-805, MCA
  • Priority of claim payment: § 72-3-807, MCA
  • Estate tax and other liabilities: § 72-16-101 et seq., MCA (Montana Inheritance Tax Code, if applicable)

5. Estate Management

  • PR has duty to manage and preserve estate: § 72-3-610, MCA
  • PR has power to sell, lease, or distribute property: §§ 72-3-613 and 72-3-617, MCA
  • Fiduciary duties of PR: § 72-3-610, MCA

6. Distribution of Assets

  • Prepare accounting (especially in supervised or contested probate): § 72-3-1001, MCA
  • Distribute according to will or intestacy: § 72-2-111 and §§ 72-2-211 to 72-2-225, MCA
  • Get receipts from beneficiaries: § 72-3-1002(2), MCA

7. Closing the Estate

  • File closing statement (informal): § 72-3-1003, MCA
  • File petition for supervised final distribution (formal): § 72-3-1001, MCA
  • Discharge of Personal Representative: § 72-3-1004, MCA
  • Final settlement and release of liability: § 72-3-1005, MCA