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If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has no descendants from other relationships. Your surviving spouse inherits all of your intestate property. (Mont. Code § 72-2-112 (2023).)

By Regina Kiperman, Esq. / January 10, 2024. An affidavit of heirship is a legal document frequently utilized in the probate process to ascertain the heirs of a deceased individual.

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.

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.

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.

If you die in Montana without a will, your assets will be distributed in ance with Montana intestacy laws. It does not matter if you personally told your children that they will receive specific assets, or if you explicitly stated that you did not want certain individuals to receive an inheritance.

A will must be in writing. Verbal or video taped wills are not legally recognized by federal law. A will should be signed by the maker, dated, and witnessed by two disinterested persons age 18 and over. Disinterested means the witnesses cannot be named as beneficiaries in your written will.

If you are unmarried and die without a valid will and last testament in Montana, then your entire estate goes to any surviving children in equal shares, or grandchildren if you don't have any surviving children. If you die intestate unmarried and with no children, then by law, your parents inherit your entire estate.

What Is the Probate Process in Montana? Initiating Probate. Appointing a Personal Representative. Inventorying Assets. Notifying Creditors. Distributing Assets. Final Accounting. Closing the Estate. Final Discharge.