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All that is necessary is an affidavit to be presented to the court, but the estate must be worth less than $50,000. Formal probate is lengthier and more complex, but it also has two categories: supervised and unsupervised. With supervised probate, the court will oversee all actions of the executor.
Probate Functions Although probate may seem lengthy and detailed, it is provided by Montana law to assure that the property of the deceased is accounted for, and that all debts and taxes are paid. Someone must carry out the business of the estate and see that the property is distributed to the designated parties.
Here are some things to consider when drafting a letter to your executor or trustee. Your thoughts about wealth. Share your story about how you came to the assets that you are leaving in your will. How was your wealth created, what do you value and what are your long-term goals for your wealth?
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.
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.
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.
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.
A will in your own handwriting must be witnessed by two disinterested persons (persons who are not named in the written will). Your will should be signed and dated. If you type your own will or use a computer software program to print your will you must also have two disinterested witnesses sign it.