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If you are currently dealing with, or about to deal with, the Montana state court system with respect to a probate or estate issue - the following information should be helpful to you.

Probate law governs estate matters when someone who, such as a family member or other loved one, passes away. These laws insure that creditors are paid properly and that assets are distributed correctly to the "heirs," or the descendant(s) of the estate.

What is the purpose of Probate? Probate is the legal process that deals with estate assets and property, with regard to heirs and creditors. Probate begins with a "petition" to open the estate and name a personal representative who is responsible for the administration of the deceased's property.

The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.


Montana Probate Law

Probate in the state of Montana requires that the people managing your estate and inheritance matters are well aware of exactly how probate should be conducted, with regard to state probate regulations, deadlines and written documents.

There are priority lists that one need be concerned about during probate in the state of Montana, regarding your domiciliary personal representative appointment. Your probate attorney will most likely guide you with respect to exactly how the appointment is approved. This appointment is one of the more critical elements of the probate process directly affecting your inheritance in Montana. It's crucial because your personal representative will manage the estate going through probate, your inheritance, the estate's real property, cash, assets and so on. A formidable responsibility.

Your personal representative also must notify any existing creditors of the passing of the decedent. This is also critical, as the public notice of this information kicks off the deadline within which creditors can issue claims. When they publish the notice of the passing for 3 continuous weeks in a local newspaper creditors, among others, are thereby given ample time to file any claims they may have against your estate now moving through the probate process. which will also be taken care of during the Montana state probate process. A personal representative may mail notice directly to a valid claimant, if it is known that the claimant is owed monies by the estate.

In Montana there are time-frame restrictions placed on numerous tasks associated with the probate process - such as the filing of crucial documents like inventories, notices, requests and waivers. To avoid penalties and/or delays, these formal documents must be submitted to the probate court, or interested parties, on time and executed properly, in compliance with Montana probate law.

You will need a probate lawyer, most likely, to accomplish all of these tasks properly. Hiring a probate lawyer who is familiar with Montana probate law will be invaluable to you. Your probate attorney should, in fact, be there through the entire probate process to insure the inheritance process is being handled properly. We do not advise going through Montana probate alone, in order to completely protect your inheritance and the inheritance of the other heirs.

Montana Probate Resources

Montana has no separate probate court. The District Court has jurisdiction over estate, mental health, juvenile issues and jury trials.

Inheritance Taxes:

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