Estate Settlement Series - Week 1 of 12

Where Do You Even Start When Settling an Estate in Montana?

Losing someone you love is hard enough. Then the world starts asking questions you don't have answers to yet — about the house, the belongings, the accounts, the will. If you don't know where to begin, you're not alone. Most people have never done this before.

The first thing I want to say — and I mean this — is that settling an estate is not something that needs to happen in the first days after a loss. Grief comes first. There are more important things to tend to than paperwork and property decisions when you've just lost someone who mattered to you.

That said, I've worked with enough Montana families over the years to know that the estate doesn't wait forever. And one thing I've seen consistently: the longer you wait to at least have a conversation about a plan, the longer and harder the whole process becomes. People underestimate how much time this takes — and starting with no plan at all can stretch a six-month process into two years.

So let's talk about where to actually start — when you're ready.

First: Secure the Property

Before anything else, make sure the physical property is secure. If your loved one owned a home, a ranch, or any real property, someone needs to be responsible for it. That means making sure it's locked, utilities are being managed, mail isn't piling up, and ongoing costs like insurance and property taxes aren't being missed.

A vacant property that isn't being monitored is a liability — financially and physically. This is one of the most overlooked early steps, and it costs families more than they expect when it's ignored.

Second: Establish Who Has Legal Authority

Before anyone starts making decisions about assets — what to sell, what to keep, what to give away — someone needs to have the legal authority to make those decisions. This is where an attorney becomes your first call.

Under Montana Code Annotated Title 72, the person legally authorized to administer an estate is called the Personal Representative (PR). If you've searched online and seen the word "executor" — that term is used in many other states and in general searches, but in Montana the correct term is Personal Representative. Whether named in a will or appointed by the district court, the PR holds the legal authority to act on behalf of the estate.

One thing families often don't realize: even when there is a will, probate may still be required in Montana. An estate attorney can tell you quickly whether probate applies to your situation — and can help get the PR formally appointed if needed. Don't make assumptions about this. Seek legal advice early.

Making decisions about property or personal belongings before legal authority is established is one of the two most common mistakes I see early in the process — and it can create real problems down the road, especially when multiple family members are involved.

Third: Assemble Your Team — Starting With an Attorney

According to Montana LawHelp's guide on Personal Representative responsibilities — adapted from the MSU Extension MontGuide and approved by the State Bar of Montana — the PR is authorized by law to employ attorneys, accountants, appraisers, and advisors to help settle the estate. That's not a luxury — it's how the process is designed to work.

In our experience, the estate settlements that go smoothest are the ones where the family has three people in their corner early:

• An estate or probate attorney is the first call — they determine whether probate is required, help get the Personal Representative formally appointed if needed, handle title transfers, creditor notifications, and make sure the PR is legally protected throughout the process. Financial accounts and vehicle titles are attorney territory too, and those two things surprise more families than almost anything else we see.
• A CPA or financial advisor advises on the tax implications and financial strategy of the estate — helping the PR make informed decisions about inherited assets. This is advisory work, not distribution work, and having that strategic guidance early prevents costly mistakes.
• An auction company or estate professional handles the physical assets — real property and personal property. National Auction USA handles full turnkey estate liquidations — personal property and real estate, start to finish, in one coordinated process. You don't have to manage two separate sales with two separate companies. We also handle individual consignments for families who have a valuable collection or single items but not a full estate to liquidate.

One option that doesn't come up nearly enough in estate conversations: donating estate assets — whether personal property, collections, or even real estate — to a nonprofit or community foundation. In some situations, that donation can carry meaningful tax advantages worth exploring with your attorney and financial advisor before you decide how to handle those assets. We've sold items on behalf of nonprofits at auction before, and it's a path that works — the donated asset goes to the organization, we sell it at auction, and the proceeds support their mission. If this is something your family wants to explore, the Billings Community Foundation is the right starting point — they can walk you through the charitable giving options available to Montana estates. This isn't the right fit for everyone, but it's worth one conversation before you rule it out.

These three work together. They're not in competition. The estates that drag on and get messy are usually the ones where the family tried to handle too much on their own, or didn't bring in the right help until problems had already developed.

What Takes Longer Than Families Expect

Every estate is different, and the timeline depends on the complexity of what's involved. But a few things consistently catch families off guard:

• Personal property takes far more time than people expect. Decades of accumulation don't go quickly. Many families start trying to handle it themselves — marketplace listings, garage sales, giving things away — and about halfway through they realize it's taking over their lives. By then, months have passed and they're not even halfway done. Learn how estate and personal property auctions work and why a structured auction consistently outperforms the DIY approach.
• Vehicle titles are surprisingly complicated. We've seen situations where the family had no idea where the titles were, or the vehicle was titled in a way that created a real headache to transfer. This is another one for the attorney.
• The timeline for the whole estate varies widely. We can only speak to the auction side — and with proper planning and scheduling, we can move from first consultation to closing in 30 to 90 days depending on the complexity of the estate. That's far better than the six-month-plus reality of the DIY approach, and it eliminates months of carrying costs — utilities, insurance, property taxes, and maintenance on a property that's just sitting. The legal and financial side of estate settlement is a question for your attorney.

When Should You Call National Auction?

There's no wrong time to have a first conversation with us. It costs nothing and creates no obligation. A lot of families reach out when they're starting to think about the property and personal property — they want to understand their options before they commit to anything.

We're not going to pressure you toward auction. We're going to listen to your situation, tell you honestly what we think makes sense, and point you in the right direction — even if that direction isn't us. That's how we've built our reputation over 40+ years of serving Montana families, and it's not something we're willing to trade for a quick commission.

What we hear most often after that first conversation is that people feel clearer on what to do next — not that everything is figured out, but that there's a path. That's enough to get started.

It takes a lot to hand over the keys and trust a company you just met with a loved one's estate. We don't take that lightly. What we do — what we've always done — is handle it so you don't have to. With clear communication every step of the way.