Montana Election of Homestead Allowance, Family Allowance and Exempt Property
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FAQ
There is no Montana inheritance tax on the value that passes to heirs. However, if a deceased person was a Montana resident and had real property in another state, the real property is subject to that state's inheritance tax laws.
If the total value of all the assets you leave behind is less than a certain amount, the people who inherit your personal property -- that's anything except real estate -- may be able to skip probate entirely. The exact amount depends on state law, and varies hugely.
Exemption laws allow you to keep a portion of your property away from your creditors when you can't pay a bill.The protected property is known as exempt property. You'll find a listing of exempt property in your state's exemption statutes.
In Montana, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Life insurance or 401(k) accounts where a beneficiary was named. Assets under a Living Trust. Funds, securities, or US savings bonds that are registered on transfer on death (TOD) or payable on death (POD) forms. Funds held in a pension plan.
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.
Small estate administration is a simplified court procedure that is an alternative to the longer probate process. It is available when the person who dies did not own that much in assets. There is often a limit to the value of the property, such as $25,000 or $100,000.
The exempt property allowance under MCL 700.2404 sets aside $10,000 (adjusted for inflation annually under MCL 700.1210, making the current allowance $15,000) for the dece- dent's spouse or children even if they are excluded under the will.
Under Montana statute, where as estate is valued at less than $50,000, an interested party may, thirty (30) days after the death of the decedent, issue a small estate affidavit to to demand payment on any debts owed to the decedent.