Executor Duties in Montana

Within 30 days after appointment, the personal representative must inform heirs and devisees of the appointment (name and address, whether bond was filed, and the court where papers are filed). Notice to creditors is published once a week for 3 successive weeks; claims are due within 4 months after first publication (or 30 days after a mailed notice, if later). Within 9 months after appointment, the representative prepares an inventory of probate property at date-of-death value and sends it to heirs, devisees and unpaid creditors who request it, or files it with the court. Before closing, the representative files or delivers a sworn accounting. An unsupervised estate may be closed by verified statement no earlier than 6 months after appointment. If an estate is not closed within 2 years, the court may order the representative to show cause.

Montana follows the Uniform Probate Code. A personal representative is appointed by the district court (formal proceedings) or the registrar (informal proceedings), qualifies by filing any required bond and a statement of acceptance, and is then issued letters. Priority for appointment goes first to a person named in the will, then the surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs and, after 45 days, a creditor. Bond is required only in limited cases, such as when the will requires it or an interested person demands it.

Creditors must present claims within 4 months after the first published notice, or for creditors mailed notice, the later of that 4 months or 30 days after mailing. In any case, claims that arose before death are barred 1 year after death if not presented earlier.