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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 wills are generally kept private in Montana, there are exceptions. If a will is submitted for probate, which is the legal process of validating a will, it becomes a public record. This means that the contents of the will can be accessed by the public.

Montana law sets specific value thresholds that determine whether an estate must go through probate. If the total value of the estate exceeds these limits, probate is required to ensure a lawful transfer of assets.

If someone dies without a will in Montana, the estate is under court jurisdiction. The court will elect a personal representative to assist with the proceedings. Often, this person is a spouse or adult child of the deceased. In this case, the court requires a formal probate procedure, which could take a year or longer.

Montana law also provides for the storage of a Will with the district court. Contact the Clerk of the Court in the county where you live for the correct procedure for storing Wills. The Will can be obtained by a testator or by a person authorized in writing to pick it up for the purpose of changing or destroying it.

A written will is valid in Montana if executed (signed and witnessed) ing to Montana law, the law of the state or country where the will was executed, or the law of the place where, at the time of death, the testator is domiciled, has a place of abode, or is a national.

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.

Montana allows property owners to use Transfer on Death Deeds (TODDs). These deeds enable direct transfer of real estate to a named beneficiary upon the owner's death, avoiding probate for the property.

In some situations, probate can be finished within six months. When the formal procedure is followed, the typical time required to complete probate is about ten months.