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Once you file probate, the process usually takes six months to a year, though it can be longer. The average wait time for Montana probate is about 10 months.
In most cases, probate is required in Montana. However, Montana is one of 18 states with a Universal Probate Code (UPC), which allows heirs to choose from informal, unsupervised or supervised formal probate.
The entire estate of the person who died, after subtracting liens and encumbrances, is not worth more than $50,000. No application or petition for the appointment of a personal representative for this estate is pending or has been granted by any court.
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.
The easiest and quickest form of probate is an informal probate administration. Applications of this type cannot be filed any sooner than 120 hours of decedents passing When the clerk determines all legal requirements have been met, they can file the will and appoint the personal representative to settle the case.
(e) a formal testacy proceeding may be commenced at any time after 3 years from the decedent's death for the purpose of establishing an instrument to direct or control the ownership of property passing or distributable after the decedent's death from one other than the decedent when the property is to be appointed by ...