Probate in Montana | MT Legal Resources | FastCounsel

Montana: Mortgage Payments and Utilities During Probate

How mortgage payments and utility accounts are handled during probate in Montana Detailed answer When someone dies in Montana and their estate enters probate, the estate’s assets and debts remain in a legal process until the personal representative (also called an executor or administrator) settles the estate. That process determines who pays ongoing obligations such […]

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Which Assets to List on a Small Estate Affidavit in Montana

How to Decide Which Assets to List on a Montana Small Estate Affidavit Short answer: On a Montana small estate affidavit you should list only the decedent’s probate assets that you intend to claim through the affidavit, give an accurate description and the fair-market value (or state zero if the asset truly had no value […]

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Montana: Finding a Missing Parent Who May Be an Heir During Probate

Finding a Missing Parent Who May Be an Heir During Montana Probate Detailed answer If you are administering an estate or are a close relative and a parent who may have inheritance rights cannot be located, Montana law lets the court and interested people take specific steps to find that person or give them notice […]

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Montana: Do Joint Tenancy/Right-of-Survivorship Assets Go on the Probate Inventory?

Detailed Answer Short answer: In most cases under Montana law, assets that pass automatically by right of survivorship to your mother do not become part of the decedent’s probate estate and therefore generally are not required to be listed on the probate inventory filed with the court. That said, you should still identify and document […]

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Montana: Verifying Bank Account Balances to Use the $20,000 Small Estate Procedure

Quick answer To use Montana's small estate procedure you must confirm that the decedent's probate personal property (including bank accounts that are subject to probate) totals $20,000 or less. The practical question is usually: which accounts count, and what balance should you use? Follow the steps below to identify, verify, and document account balances so […]

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How to Use a Small-Estates Affidavit in Montana to Claim a Deceased Parent's Bank Account

Detailed Answer Short answer: In Montana you may be able to collect your father's bank account without formal probate by using a small‑estate collection procedure (often called a small‑estate affidavit or affidavit for collection of personal property) if the estate qualifies. You must confirm the estate meets Montana's limits and follow the required steps: gather […]

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Montana Estate Filing: When Federal Estate or Income Returns Are Required

Estate Federal Tax Filing: Key Points for Montana Executors and Personal Representatives This FAQ-style explanation walks a Montana personal representative through when federal tax returns are required for an estate when no cash distributions have been made to beneficiaries. Detailed Answer There are two different federal filing concepts to keep separate: (1) the estate's income […]

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How to Transfer Brokerage Account Assets into an Estate Checking Account in Montana

Overview: Moving Brokerage Assets into an Estate Checking Account This article explains, in plain language, how to get brokerage account assets transferred into an estate checking account under Montana procedures. It covers the common ownership types, the documents and court authority most brokerages require, the typical transfer options, and practical next steps. This is educational […]

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Montana — Where Sale Proceeds from a Deceased Parent’s House Will Go (FAQ)

Understanding distribution of proceeds after a probate property sale in Montana This FAQ explains how sale proceeds from a decedent’s home are handled under Montana law and practical steps you can take to find out exactly where the money will go. This is educational information only and not legal advice. For legal advice about a […]

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Montana: Can a Prenuptial Agreement Affect a Life Estate or Your Inheritance, and What To Do If the Executor Refuses to Provide It

How a Prenuptial Agreement Can Affect a Life Estate or Your Share of an Estate in Montana This FAQ-style article explains, in plain language, how a premarital (prenuptial) agreement can change property and inheritance outcomes under Montana law and what steps you can take if the executor or personal representative refuses to provide documents or […]

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