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Montana Order of Informal Appointment of Personal Representative

Montana Order of Informal Appointment of Personal Representative

Name: Montana Order of Informal Appointment of Personal Representative
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.88 (342 reviews)

Category:

Montana Court Samples - Probate - Testate - Sample Case 5

State:

Montana

Control #:

MT-KL-565-02

Format:

Instant download

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Description

A02 Order of Informal Appointment of Personal Representative

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FAQ

That person (it could be one or more individuals, a bank or trust company, or both) who acts for, or stands in the shoes of, the deceased is generally called the personal representative. If the decedent dies testate that is, with a Will an Executor is appointed as the personal representative.

No. The person must be appointed by the probate court as the personal representative and letters issued for the appointment as personal representative to be effective. California Probate Code §8400(a).To learn about the duties of a personal representative in California probate, click here.

Under California Probate Code, the executor typically receives 4% on the first $100,000, 3% on the next $100,000 and 2% on the next $800,000, says William Sweeney, a California-based probate attorney. For an estate worth $600,000 the fee works out at approximately $15,000.

You can legally prepare your own will, it can even be handwritten. This type of will is known as a "holographic will." In Montana, your handwritten will must be signed by you. Your signature must also be located on any material provisions, and no witnesses will need to be present for the signing of your will.

Under Montana statute, where as estate is valued at less than $50,000, an interested party may, thirty (30) days after the death of the decedent, issue a small estate affidavit to to demand payment on any debts owed to the decedent.

A personal representative is appointed by a judge to oversee the administration of a probate estate.When a personal representative is nominated to the position in a will, he's commonly called the executor of the estate.

Generally speaking, a Personal Representative is responsible for opening the estate, collecting the assets of the estate, protecting the estate property, preparing an inventory of the property, paying various estate expenses, valid claims (including debts and taxes) against the estate, representing the estate in claims

A personal representative must be 18 or more years of age. A Montana personal representative need not be a resident of the same county or state as the deceased. For example, he or she may be a resident of Glendive and serve as a personal representative in Helena.

Personal Representatives is the collective name for either Executors or Administrators. Personal Representatives of someone who made a valid Will are called Executors. If someone dies without a Will (intestate) then the people in charge of their estate are called Adminstrators.

Montana Order of Informal Appointment of Personal Representative

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FAQ

Who may act as a personal representative?

Can a personal representative be a beneficiary of a will?

How much does an estate personal representative make?

Is a handwritten will legal in Montana?

What is considered a small estate in Montana?

Is a personal representative the same as an executor?

What is the job of a personal representative?

How do you become a personal representative in Montana?

What is the difference between an executor and a personal representative UK?

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