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Do All Estates Have to Go Through Probate in Montana? Unless the estate is in a living trust, it will need to go through probate in Montana. However, it may be eligible for informal probate, which allows for the executor to handle all of the process without court intervention.
A Transfer on Death Deed allows owners of real property in Montana to transfer it at death to one or more designated beneficiaries without probate.
For some, the process takes six months, but the formal procedure typically averages about 10 months or longer.
THE 2019 MONTANA LEGISLATURE REPLACED. beneficiary deeds with transfer on death deeds (TODDs). As under prior law, TODDs allow owners at death to transfer their real property located in Montana to one or more beneficiaries without probate. Real property is land, including whatever is built, growing on, or affixed to it
A beneficiary deed is one in which an owner conveys an interest in Montana real property to a grantee beneficiary effective upon the owner's death. In other words, real property is transferred from the deceased person to the person(s) listed on the deed.