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Informal Procedure - An application for informal probate or informal appointment of a personal representative can be directed to the clerk of a district court no sooner than 120 hours after the decedent's death. If the clerk determines that all requirements of law have been met, he or she files the will and Page 2 + 2.

Simplified Probate: Summary Administration You can use summary administration in Montana if the value of the entire estate, less liens and encumbrances, does not exceed the value of the: homestead allowance (a set amount a surviving spouse or children are entitled to under Montana law) exempt property allowance (same)

Under Montana law, probate may be administered: as an informal proceeding; as a formal procedure; by supervised administration; by collection of personal property by affidavit; or as a small estate summary administrative procedure.

A will should be signed by the maker, dated, and witnessed by two disinterested persons age 18 and over. Disinterested means the witnesses cannot be named as beneficiaries in your written will. Who can write my will? While you can write your own will it is advisable that you seek legal counsel.

It is possible under Montana law to write your own will in your own handwriting. A handwritten will is called a holographic will. You must take care, however, that both the signature and the actual distribution provisions of the document are in your valid handwriting.

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.