How to Determine Remaining Assets in an Estate After Paying Debts and Fees in Montana | Montana Probate | FastCounsel
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How to Determine Remaining Assets in an Estate After Paying Debts and Fees in Montana

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

Step 1: Inventory and Appraise All Estate Assets

Begin by listing every asset the decedent owned at death. Under Mont. Code Ann. § 72-3-1101, the personal representative must file an inventory and appraisal with the court. Typical assets include:

  • Real property (homes, land)
  • Bank accounts, investments, retirement plans
  • Personal property (vehicles, jewelry, furniture)
  • Business interests
  • Digital assets and intellectual property

Step 2: Notify Creditors and Pay Valid Debts

Next, notify all known creditors and publish notice to unknown creditors. Under Mont. Code Ann. § 72-3-701, creditors generally must file claims within four months of appointment. Once claim deadlines expire, pay debts in the order prescribed by Mont. Code Ann. § 72-3-711:

  • Funeral expenses and administration costs
  • Family allowances and homestead allowances
  • Estate taxes and inheritance taxes
  • Secured debts (mortgages, liens)
  • Unsecured debts (credit cards, medical bills)

Step 3: Compensate the Personal Representative

The personal representative is entitled to reasonable compensation for services rendered. Montana caps these fees under Mont. Code Ann. § 72-3-712. Deduct this amount before distributing remaining assets.

Step 4: Calculate the Residuary Estate

After paying debts, taxes, and representative fees, the assets left form the residuary estate. Montana defines this remainder under Mont. Code Ann. § 72-3-713. These assets pass to beneficiaries according to the will or Montana’s intestacy laws if there is no valid will.

Helpful Hints

  • Maintain a detailed spreadsheet of all assets and claims.
  • Track creditor deadlines to avoid disallowance of claims.
  • Keep copies of appraisals, receipts, and court filings.
  • Consider consulting a probate attorney for complex estates.
  • Communicate regularly with beneficiaries about the process.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.