Heir Claims in Montana: How to Claim Unclaimed Assets for a Deceased Relative

Losing a loved one is hard enough without having to untangle their financial loose ends. One of those loose ends may be unclaimed property—things like forgotten bank accounts, final paychecks, utility deposits, or stock dividends that were never collected and eventually turned over to the state.

This guide explains, in plain English, how heirs in Montana can typically search for and claim unclaimed assets on behalf of a deceased relative. It is for general information only. HowToGetAssistance.org is not a government agency, not an official portal, and cannot process claims. To actually file or track a claim, you will need to use Montana’s official unclaimed property office or website.

What Is Unclaimed Property in Montana?

In Montana, unclaimed property usually refers to money or other financial assets that have been inactive for a certain period (often 1–5 years) and could not be returned to the owner. Businesses and financial institutions are required to send these assets to the state’s unclaimed property program.

Common examples include:

• Bank accounts (checking, savings, CDs)
• Uncashed checks (payroll, refunds, insurance settlements)
• Utility deposits or refunds
• Safe deposit box contents
• Stocks, bonds, mutual funds, and dividends
• Insurance policy proceeds
• Escrow or trust funds

The state holds these items on behalf of the rightful owner or heirs until someone submits a valid claim through the official process.

Can Heirs Claim a Deceased Relative’s Unclaimed Property?

Yes. In Montana, heirs, beneficiaries, and personal representatives can usually claim unclaimed property that belonged to a deceased person, as long as they can:

• Prove the person has died, and
• Prove they have a legal right to the property (as an heir, beneficiary, or estate representative)

Typical situations where an heir can claim:

• You are listed as a beneficiary on an insurance policy.
• You are an heir under Montana intestacy laws (when there is no will).
• You are the personal representative or executor of the estate (court-appointed).
• You are a surviving spouse or child in line to inherit under a will or trust.

The exact requirements can change based on:

• The value of the property
• Whether there is a will
• Whether the estate went through probate
• The relationship you had to the deceased

Montana’s official unclaimed property office typically provides specific instructions and forms for “deceased owner” claims.

Step 1: Search for Unclaimed Property in the Deceased Person’s Name

The first step is to find out if any property is listed.

How to Search (Typical Process)

1. Go to Montana’s official unclaimed property website.
   • Look for language like “Official Montana Unclaimed Property” or the state’s Department of Revenue or State Treasurer.
2. Use the online search tool:
   • Enter the deceased person’s full legal name.
   • Try maiden names, previous names, or common misspellings.
   • Search under business names if they owned a business.
3. Check multiple entries:
   • There may be more than one listing for the same person.
   • Note each property ID or claim number shown.

You can also typically:

• Call the state unclaimed property office for help,
• Or request assistance by mail if online access is difficult.

Look specifically for assets marked as “Owner Deceased” or similar notes—those are usually the ones tied to a deceased person.

Step 2: Confirm You Are Likely Eligible to Claim

Before you start gathering documents, consider your connection to the deceased:

You might be eligible if you are:

• Spouse
• Child or grandchild
• Parent, sibling, or other next-of-kin
• Named beneficiary in a will or policy
• Court-appointed personal representative or executor

You might NOT be eligible if:

• You are a distant relative with no legal inheritance rights under Montana law.
• You have no documentation linking you to the deceased or the estate.
• A different person was named as executor, administrator, or beneficiary.

If multiple heirs exist, Montana may:

• Require a probate order, or
• Require one heir or the personal representative to act on behalf of everyone, sometimes with written consent from other heirs.

When in doubt, the state unclaimed property office can generally explain who should file the claim based on their rules.

Step 3: Gather the Required Documents

For an heir claim in Montana, you will generally be asked for two categories of proof:

1. Proof of the deceased person’s identity and death
2. Proof of your legal right to the property

Here is a typical breakdown:

A. Documents About the Deceased Person

Usually needed:

• Death certificate (certified copy)
• Proof of last known address (to match the property record), such as:
  • Old utility bill or bank statement
  • Tax record
  • Driver’s license copy (sometimes from estate files)
• Proof of ownership if requested, such as:
  • Old account statements
  • Insurance policy documents
  • Stock certificates or account numbers

B. Documents About Your Relationship / Legal Authority

You may be asked for:

• Your photo ID (driver’s license, state ID, or passport)
• Proof of relationship, such as:
  • Birth certificate (showing parent or child relationship)
  • Marriage certificate (for spouse)
  • Adoption records, if applicable
• Estate documents, such as:
  • Letters Testamentary or Letters of Administration (if you are personal representative)
  • Court order appointing personal representative
  • Copy of the will (if one exists and is relevant)
  • Small estate affidavit (if applicable under Montana law)
• Affidavit of Heirship or similar forms required by the state

The exact list depends on:

• The size of the claim (larger sums often require more documentation)
• Whether the estate is open, closed, or never probated
• Whether you are the only heir or one of several

Sample Document Checklist for Heir Claims in Montana

Montana’s official unclaimed property site or office usually provides claim forms that list exactly what you must include.

Step 4: Fill Out the Correct Claim Form

Most states, including Montana, use different claim forms depending on who you are and the situation. For a deceased owner, look for forms labeled something like:

• “Claim for Deceased Owner”
• “Heir/Beneficiary Claim”
• “Estate Claim”

You will typically need to:

1. Provide basic information:
   • Your name, address, phone number
   • The deceased person’s name, date of death, last known address
   • Property or claim ID numbers from your search results
2. Indicate your relationship to the deceased.
3. Check boxes acknowledging you are submitting true and accurate information.
4. Attach or enclose copies or originals of the required documents (as directed).

⚠️ Some claims may require the form to be notarized. Read the instructions carefully and sign only where and how directed.

Step 5: Submit the Claim to the Official Montana Office

HowToGetAssistance.org cannot receive or process your claim. To submit, you must use Montana’s official channels, which often include:

• Online portal:
  • Many states allow you to file heir claims online by uploading scanned documents.
• Mail:
  • You may need to send your completed claim form and copies of documents to the state unclaimed property office’s mailing address.
• In person (less common but sometimes available):
  • Some state revenue or treasurer’s offices allow walk-in assistance.

Follow the directions on the claim form or on the official Montana unclaimed property website. Be sure to:

• Keep copies of everything you submit.
• Note the date you mailed or submitted your claim.
• If mailing, consider using tracking for important documents.

What Happens After You File Your Claim?

Once your claim is submitted, Montana’s unclaimed property office will typically:

1. Acknowledge receipt

   • You might receive a confirmation email, letter, or status message in an online account.

2. Review your documentation

   • Staff will verify:
     • The deceased person is the rightful owner.
     • You are a valid heir, beneficiary, or representative.
     • All documents match the property record (name, address, etc.).

3. Request additional information (if needed)

   • If anything is missing, unclear, or inconsistent, the office may send you a letter or email asking for:
     • Extra documents, or
     • Clarification through an affidavit or notarized statement.

4. Approve or deny the claim

   • If approved, they will arrange payment or transfer (usually by check; sometimes by reissuing stock or other value).
   • If denied, they will typically send you a written notice explaining why.

Typical Timelines

Processing times vary based on:

• The volume of claims the state is handling,
• The complexity of your case (e.g., many heirs, no probate, incomplete records),
• Whether they need follow-up documents.

Simple, well-documented claims may be resolved in a matter of weeks; more complicated estate claims can take several months. For current timelines, check the Montana unclaimed property office’s published information or call their main line.

Common Reasons Heir Claims Get Delayed or Denied

Understanding common issues can help you avoid delays:

• Missing documents
  • Death certificate not included
  • No proof of relationship (like a marriage or birth certificate)
• Name mismatches
  • Different spellings of the deceased’s name
  • Maiden vs. married name not explained or supported by documents
• Incomplete estate details
  • Estate is in probate but you did not submit proof of your appointment as personal representative
  • Multiple heirs but no clear documentation of who is authorized to claim
• Expired or incorrect forms
  • Old versions of the claim form
  • Forms not signed or not notarized where required
• Conflicting claims
  • More than one heir or person claiming the same property without clear legal resolution

If your claim is denied or stalled, you can usually:

• Call the unclaimed property office to ask what is needed,
• Submit additional or corrected documentation, or
• Consult a Montana attorney experienced in probate or estate matters for guidance on your legal options.

Do You Need a Lawyer to File an Heir Claim?

For many small, straightforward heir claims, people often handle the process themselves by:

• Following the official instructions carefully,
• Providing all required documents,
• Responding promptly to any follow-up requests.

However, you might consider speaking with a Montana estate or probate attorney if:

• The estate is large or complicated.
• There are disputes among heirs.
• There is no clear personal representative and the unclaimed property amount is significant.
• You are unsure how Montana inheritance laws apply to your relationship with the deceased.

An attorney cannot speed up state processing, but they can help ensure you are filing as the legally correct party with the right documentation.

How to Make Sure You Are Using an Official Montana Channel (Scam-Prevention Tips)

Unfortunately, unclaimed property scams are common. To protect yourself:

• Look for clear government identifiers

  • Official Montana sites typically end with “.gov”.
  • Look for references to the Montana Department of Revenue, State Treasurer, or another recognized state agency.

• Be cautious with unsolicited calls, texts, or emails

  • If someone contacts you claiming they found money for you:
    • Do not share Social Security numbers, bank information, or pay any fee until you confirm through the official state office.

• Know that most states do not charge a fee

  • Filing an unclaimed property claim directly with the state is usually free.
  • Some private “finders” or “locators” may legally charge a fee to help you, but this is optional. You can typically claim directly through the state at no cost.

• Verify contact information independently

  • If you receive a letter about unclaimed property, verify the phone number or address through:
    • The official Montana state government website, or
    • By calling the state’s main information line and asking to be connected to the unclaimed property division.

If anything feels off, pause and independently contact the Montana unclaimed property office using contact details you find through official state sources, not from the suspicious message.

If You Don’t Qualify or Can’t Resolve the Claim

Sometimes an heir may not be able to claim unclaimed property because:

• Another person is the legal personal representative or named beneficiary.
• The state requires a court order before releasing funds.
• The property belongs to a branch of the family to which you do not legally belong.

In those situations, you might:

• Talk with the personal representative or other heirs to coordinate the claim.
• Ask the court (through a legal process) to clarify who should receive the property.
• Consult with a Montana probate attorney for options, especially for larger amounts.

If you still cannot claim the property, remember that Montana’s unclaimed property program typically holds assets indefinitely, so another properly authorized heir or representative may still claim them in the future.

By understanding how heir claims for unclaimed property usually work in Montana—who can claim, what documents are needed, and how to work through the official state process—you can take the next steps with more confidence. For any actual claim, always rely on Montana’s official unclaimed property website, office, or hotline as your primary source of instructions and forms.