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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.

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.

If you die intestate in Montana, your children are entitled to part of your estate, depending on if you also leave behind a spouse, how many children you have, and if you have children with someone other than your spouse. Die with children but no surviving spouse and your children inherit everything.

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.

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.

When a person dies, with or without a will, Montana laws provide a legal process to determine his or her real and personal property and for determining the market value of the assets and their distribution to appropriate parties.