Probate Estate Closing and Representative Discharge in Montana

At a glance

Requirements one by one

Formal settlement and supervised administration

The representative may petition for complete settlement after the period for predeath claims; another interested person may petition after one year from original appointment. After notice and hearing, the court may consider or compel an account, approve distribution and discharge the representative. An informally probated will has a narrower testate route for a devisee after one year. A supervised representative must obtain a court order before distributing property. (Mont. Code Ann. § 72-3-1001; § 72-3-1003; § 72-3-404.)

Verified statement and required account

Outside supervised administration and absent a prohibiting order, the representative may file a verified statement at least six months after the original general appointment. It identifies the expired claims period, completed administration and distribution, and arrangements for any unpaid claims. Copies go to distributees and known unpaid or unbarred claimants; affected distributees receive a full written account. Separately, § 72-3-1005 requires an account under oath to be filed with the court or delivered to all interested persons before final closure and relief from duties, except when the representative is the sole residuary beneficiary. The account states money received and spent and the claims and claimants. (Mont. Code Ann. § 72-3-1004; § 72-3-1005.)

Appointment termination

A formal closing order ends the appointment. On the statement route, appointment terminates one year after filing if no proceeding involving the representative is pending. (Mont. Code Ann. § 72-3-524; § 72-3-1004.)

What trips people up

An estate still open after two years triggers notice to the district judge and a show-cause appearance; if no good cause exists, the judge may order closure within thirty days and deny estate-paid compensation. A breach-of-fiduciary-duty proceeding generally must begin within six months after a closing statement, with fraud, misrepresentation and inadequate-disclosure claims excepted. A posttermination certificate releases a security lien but does not bar action against the representative or surety. (Mont. Code Ann. § 72-3-1015; § 72-3-1011; § 72-3-1014.)

Common questions

Can claims remain unpaid when the statement is filed? The statement must describe whether distributees agreed to take subject to possible liability or explain other arrangements for outstanding liabilities. (Mont. Code Ann. § 72-3-1004.)

What if property is discovered later? An interested person can petition for a new or renewed appointment after formal settlement and discharge or one year after a closing statement. Previously barred claims stay barred. (Mont. Code Ann. § 72-3-1016.)

Statutes and sources

The verbatim operative passages, official section URLs and access date are recorded in the statute entries above. (Mont. Code Ann. § 72-3-404; § 72-3-405; § 72-3-524; § 72-3-1001; § 72-3-1003; § 72-3-1004; § 72-3-1005; § 72-3-1011; § 72-3-1014; § 72-3-1015; § 72-3-1016.)