Are You Legally Required to Publish an Obituary in Montana?

In 2020, I lost my birth father, my great-aunt, and my grandfather. It was a year of heartbreak, reflection, and a lot of questions. I had the honor of helping write and publish my grandfather’s obituary, which was a deeply emotional experience, but also healing. His story was out there for the world to see, a tribute to a life well lived.

But when it came to my birth father and my great-aunt, I wasn’t involved. I searched for their obituaries, hoping to find something, anything, that marked their passing. But there was nothing. No newspaper article, no online memorial, not even a brief notice. And that’s when I started to wonder - aren’t you supposed to post an obituary when someone dies?

Rumors, Misunderstandings, and What the Law Actually Says

I’d heard whispers growing up that it was a legal obligation for next of kin to publicly announce a death. Maybe you’ve heard the same. So imagine my surprise when, in the middle of my late-night Googling, I stumbled upon something that contradicted that idea.

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According to Law Depot, no, obituaries are not legally required in Montana. There's no law that says a death must be announced in a public forum like a newspaper or website. Many people choose to include obituaries as part of their End-of-Life planning or estate arrangements, but legally? You're not bound to do it.

So Why Do So Many of Us Think It’s Required?

The confusion might come from another legal obligation: notifying creditors. In some states, next of kin are required to publish a death notice as part of settling the estate. These notices aren’t really meant for the public; they’re legal steps to close out financial affairs.

It’s easy to mix that up with an obituary. After all, both are public notices tied to death—but only one is required for legal reasons. The other? That’s personal.

Why Some People Might Not Have an Obituary at All

As I searched for answers, I found something else: people I’d loved who were gone, and who left behind no obituary. It felt like they had disappeared without a trace, and it broke my heart. But there are many reasons why someone might not have an obituary:

It’s a Choice: Obituaries aren’t mandatory, so the family might’ve simply decided not to.

Cost: This was a big one for me. Publishing my grandfather’s obituary in two newspapers cost well over $1,000. I wanted his story to be told, to live on, but not everyone has the means.

No Close Relatives: Some people don’t have family or friends to write an obituary, or anyone who feels it’s their place to do so.

No Service, No Notice: Many families use obituaries to announce funerals or memorials. If no service is held, they may not see the need.

Disagreements: Family dynamics can be complicated. Sometimes loved ones can’t agree on what to say, or even if something should be said.

A Difficult Past: In cases of violence, suicide, overdose, or estrangement, emotions run high. There may be too much pain or controversy for a public tribute.

It Still Feels Sad to Me

Even after learning all of this, I still feel sad. An obituary is more than just a notice - it’s a legacy. It’s how future generations might one day stumble upon a great-grandparent’s name, read their story, and feel a connection.

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I wish more people could afford to share those stories. I wish grief didn’t have to come with a price tag. And I wish there was more understanding around what’s legally required and what’s just… deeply human.