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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.
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.
Montana recognizes holographic (handwritten) wills so long as the signature and material portions of the document are in the testator's handwriting. In Montana, holographic wills do not have be witnessed in order to be valid.
In informal, formal and supervised probate procedures, creditors must be given four months to submit claims for debts after the first publication of the notice in a local newspaper.
Under the principles of a holographic Last Will and Testament, handwritten addendums may be judged valid but only if each individual edit is signed and dated by the drafter. The issue of intent: In interpreting handwritten changes, the courts need to determine whether those edits actually met the drafter's intent.
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.
Collection of Personal Property by Affidavit ? This procedure may be initiated 30 days after a person dies, if the value of the entire estate (less liens and encumbrances) does not exceed $50,000.
Montana law also has a provision, commonly called a ?slayer statute,? that strips anyone who ?feloniously and intentionally kills? a testator from inheriting his or her property. There are other provisions that can apply as well. 72-2-521, et seq. 18 years or older and of sound mind.