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Under Montana's probate laws, you can distribute certain types of property and assets without a probate court's approval. They include: Accounts with a named beneficiary, such as life insurance policies and retirement funds. Assets and property that is held in a living trust.

Probate becomes necessary in situations where there is no will, if it is a complex estate with a lot of assets or property, or if the will is contested. Real estate owned by the deceased person, for example, necessitates a probate proceeding for its transfer.

A: The four foundational documents of an estate plan are: Wills/Trusts. Medical Powers of Attorney. Financial Powers of Attorney, and. Letters of Intent.

No, in Montana, you do not need to notarize your will to make it legal. However, Montana allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

Such a will is valid if the signature and the material provisions are in the handwriting of the testator. Self-made wills, however, frequently increase costs and trouble for heirs. A handwritten will, just as any other, can be denied probate because of errors.

Handwritten wills, also referred to as holographic wills, are still fairly common. In California, this type of will is valid, whether witnessed or not, provided the signature and the main components are in the handwriting of the person who created it, also known as the testator.

If a will is submitted for probate, which is the legal process of validating a will, it becomes a public record.

Regardless of whether this Montana Living Will has been prepared as part of a forward-looking plan or produced in response to a change in your health, notarization and witnesses are strongly recommended for protecting this document and/or your agent if someone disputes their privileges and authority.

A will is the blueprint that guides the district court in the distribution of an estate. By making a will, an individual can decide who shall receive his or her property, how much each shall receive, when they shall own it and, to some degree, what they can do with it.