Montana Contest of Final Account and Proposed Distributions in a Probate Estate

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Multi-State
Control #:
US-02652BG
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Word; 
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Instant download

Description

The beneficiaries of a Will that has been probated and is being administered in a estate proceeding have the right to contest an accounting of the Executor of the Will and Estate.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

An estate skips probate in Montana if it's less than $50,000. Avoiding the probate process could be beneficial for an estate's heirs, as the probate process in Montana can be long and expensive.

For some, the process takes six months, but the formal procedure typically averages about 10 months or longer. If an estate does not close within two years from the appointment of the PR, a district court judge can order the PR to appear in court to explain why the estate is not settled.

Simple estates might be settled within six months. Complex estates, those with a lot of assets or assets that are complex or hard to value can take several years to settle. If an estate tax return is required, the estate might not be closed until the IRS indicates its acceptance of the estate tax return.

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.

Ing to the Montana Uniform Probate Code, probate must be filed and closed within two years of the person's death. The exception to this rule is if the executor can show just cause why it hasn't been closed. Probate cannot be opened before 120 hours after the person's death.

Probate is the administrative process of settling an estate whether the decedent died with or without a will. If appointed, the personal representative named in your will has the responsibility of settling your estate ing to the provisions of it and Montana law.

If you die intestate in Montana, your children are entitled to part of your estate, depending on if you also leave behind a spouse, how many children you have, and if you have children with someone other than your spouse. Die with children but no surviving spouse and your children inherit everything.

Organize Important Information The first step (and one of the most important ones) in the process of settling an estate is getting organized. You'll want to keep track of both your expenses and all the time you spend working on settling the estate, as you're entitled to be compensated. You should look for a Will.

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Montana Contest of Final Account and Proposed Distributions in a Probate Estate