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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.
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.
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.
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.
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.
WHEN A PERSON DIES, WITH OR WITHOUT A WILL, Montana laws provide a legal process determining the market value of his or her real and personal property and their distribution to appropriate parties. One procedure, termed probate, takes place in the district court of the county where the deceased person had residence.