Autofill Legal Montana Probate Forms For Free

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.

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.

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 a personal representative chooses to close an estate on an informal basis, 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.

In Montana, the following assets are subject to probate: Solely-owned property: Any asset that was solely owned by the deceased person with no designated beneficiary is subject to probate. This could include bank accounts, cars, houses, personal belongings, and business interests.

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.