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If all of the decedent's surviving descendants are also descendants of the surviving spouse, and there are no other living descendants of the surviving spouse, then the surviving spouse receives all of the decedent's estate (Table 1, line 2).

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.

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.

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.

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.

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.

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.

Informal Procedure - An application for informal probate or informal appointment of a personal representative can be directed to the clerk of a district court no sooner than 120 hours after the decedent's death. If the clerk determines that all requirements of law have been met, he or she files the will and Page 2 + 2.