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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.
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.
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.
To complete probate is about ten months. estates, he or she would file with a court a verified statement showing that he or she has complied with the Montana laws in completing the probate no earlier than six months after the date of original appointment as personal representative.
A Montana small estate affidavit is a legal document that gives the holder the right to collect property previously owned by a decedent, a person who has died.
Who is responsible for settling an estate? When an individual dies, with or without a will, Montana law provides legal procedures for settling his or her estate. If probate is required, the process takes place under jurisdiction of the district court in the county where the decedent was considered as a resident.