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The easiest and quickest form of probate is an informal probate administration. Applications of this type cannot be filed any sooner than 120 hours of decedents passing When the clerk determines all legal requirements have been met, they can file the will and appoint the personal representative to settle the case.

Probate in Montana is triggered when the estate's gross value exceeds $50,000 or if the deceased owned real estate solely or as tenants in common. Additionally, if the deceased person left a will, it must be filed with the court for probate.

You can do this by creating a living trust, using joint ownership, and designating transfer-on-death beneficiaries. Additional strategies to avoid probate include gifting assets during your lifetime and establishing payable-on-death accounts.

While you can write your own will it is advisable that you seek legal counsel. Attorneys are familiar with the legal aspects of writing wills. A will in your own handwriting must be witnessed by two disinterested persons (persons who are not named in the written will).

Yes, a DIY will is still a valid will, as long as it meets the legal requirements in your state. For example, if you write your will by hand (known as a “holographic” will), you should still have two witnesses—who saw you sign the will and don't stand to inherit anything from you—sign it.

A holographic (handwritten) will does not have to be signed by witnesses. Other wills must be signed by two persons who witnessed either the signing of the will, or the testator's acknowledgment of the signature or of the will. In all cases, the testator must sign the will.

Although a last will and testament are not legally required, without a will, the laws of intestacy determine the distribution of an estate's assets. Because the outcome may not coincide with the decedent's wishes, it is generally advisable to create a last will and testament.

Montana law doesn't require wills to be notarized but having a self-proving affidavit can speed up probate. Montana does, however, require an individual to make a separate personal property memorandum listing certain items and their intended recipients.

This formal procedure ensures that the decedent's debts, taxes, and final wishes are properly addressed. Probate typically begins by filing a petition in the district court of the county where the deceased person lived. If the decedent had a valid will, it must be submitted to the probate court for validation.