HOW TO PUBLISH a NOTICE TO CREDITORS

 1. Consult with an attorney: Seek guidance from an attorney experienced in probate law in Flathead County. They will provide you with specific instructions and guidance based on the county's regulations and requirements.

2. Determine the timeframe: Check the Montana probate laws and Flathead County's local rules to identify the timeframe within which the notice must be published. This includes the duration of publication and the deadline for creditors to make their claims.

3. Draft the notice: Prepare the notice to creditors, including all required information. Typically, it should include the name of the deceased, date of death, a statement inviting creditors to present their claims, and contact information for the estate representative or attorney.

4. Select an approved publication: In Flathead County, the notice to creditors is usually published in a local newspaper approved by the court. Consult with your attorney or probate court to determine the specific newspapers authorized for publication.

5. Submit the notice to the publication: Contact the approved newspaper and provide them with the drafted notice. Follow their submission guidelines, including any required formatting or fees. Submit the notice well in advance to allow for publication within the required timeframe.

6. Publish the notice: The approved newspaper will publish the notice to creditors as per their regular publication schedule. The notice should run for the prescribed duration specified by Montana law and Flathead County's regulations.

7. Obtain proof of publication: Request a proof of publication from the newspaper after the notice has been published. This proof typically comes in the form of an affidavit or certificate of publication.

8. File proof of publication with the court: Submit the proof of publication to the probate court handling the estate. This serves as evidence that the notice was properly published and complies with Flathead County's requirements.

9. Monitor creditor claims: After the publication, monitor the designated timeframe for creditors to make claims against the estate. Review any claims received and work with your attorney to evaluate their validity and handle them according to the probate process.

                        Example of a typical Notice to Creditors

   A notice to creditors in Flathead County typically involves including specific information to meet the probate settlement requirements. While it's important to consult with an attorney or follow the guidelines provided by the Flathead County Probate Court, here's an example of a typical Notice to Creditors that you can use as a reference:  

Notice to Creditors

Estate of [Deceased's Full Legal Name] Deceased: [Date of Death] Probate Number: [Probate Case Number]

Notice is hereby given that the undersigned has been appointed as the Personal Representative of the above-named decedent. All persons having claims against the decedent are hereby notified to present their claims within four (4) months after the date of the first publication of this notice or be forever barred.

Claims must be mailed to the Personal Representative, [Personal Representative's Name], at [Personal Representative's Address], or filed with the Clerk of the Flathead County District Court, located at 920 South Main 800 South Main, Kalispell, MT 59901  

Dated this [Date] day of [Month], [Year].

[Personal Representative's Name] 

Personal Representative

This sample notice includes these essential elements typically required in a notice to creditors:

1. Identifying Information: Include the full legal name of the deceased, the date of death, and the probate case number assigned to the estate.

2. Notice to Present Claims: Clearly state that all persons with claims against the decedent must present their claims within a specified timeframe, usually four (4) months from the date of the first publication, to avoid being forever barred.

3. Contact Information: Provide the mailing address where creditors should send their claims, which is usually the address of the Personal Representative. Additionally, mention the option to file claims with the Clerk of the Flathead County District Court.

4. Personal Representative's Information: Include the name and address of the appointed Personal Representative responsible for administering the estate.

5. Publication Date: Specify the date of first publication, which marks the start of the four (4) month claim period.

Remember, it's crucial to consult with an attorney or follow the specific guidelines provided by the Flathead County Probate Court to ensure compliance with local regulations and requirements when drafting and publishing the notice to creditors.

Publications approved for publishing the notice to creditors in Flathead County

The specific publications may vary over time, so it's important to consult with an attorney or the Flathead County Probate Court for the most up-to-date information. However, here are a few commonly used publications that have historically been approved for publishing legal notices in Flathead County:

1. Daily Inter Lake: The Daily Inter Lake is a prominent daily newspaper serving the Flathead Valley region. It has a wide circulation and is often used for publishing legal notices, including notices to creditors.   Daily Inter Lake 

2. Flathead Beacon: The Flathead Beacon is a weekly newspaper that covers news and events in the Flathead Valley area. It is known for its local coverage and is frequently used for publishing legal notices.   Flathead Beacon

3. Hungry Horse News: The Hungry Horse News is a weekly newspaper that primarily serves the communities in the Hungry Horse and Columbia Falls areas of Flathead County. It may also be an approved publication for publishing legal notices. Hungry Horse News