What Is “Probate in Common Form” in MT?
Understanding Probate in Common Form in Montana Short answer: "Probate in common form" (often called informal or ordinary probate in other states) is the straightforward court process used to admit a decedent's will and appoint a personal representative without the formal, trial-style proofs. It is typically faster, less expensive, and used when there is no […]
Read article →Is probate administration required in Montana (MT) when there is no will?
Detailed Answer Short answer: Not always — but often. In Montana, whether probate administration is required when someone dies without a will (intestate) depends on what assets the decedent owned, how those assets are titled, and whether simplified procedures apply. The decedent’s property that is solely in their name usually must pass through probate (or […]
Read article →How can one close an estate bank account and obtain the required closing statement? — MT
Detailed Answer Closing an estate bank account in Montana and obtaining the required closing statement is a multi-step process that involves identifying the personal representative (executor), gathering required documents, paying valid debts and taxes, preparing an accounting, and either obtaining a court discharge (for supervised estates) or retaining records (for unsupervised estates). Below is a […]
Read article →How to properly document and file receipts for payments to heirs or service providers in an estate — MT
Detailed Answer This article explains, under Montana law, how a personal representative (executor/administrator) should document and file receipts for payments made from an estate — whether you pay service providers (e.g., contractors, attorneys, funeral homes) or make distributions or advances to heirs. This is a practical, step‑by‑step guide for someone with no legal background. This […]
Read article →How to ensure third-party claims and payments are accurately recorded in Montana probate filings (MT)
Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For guidance specific to your situation, consult a Montana-licensed attorney. Detailed Answer Accurately recording third-party claims and payments in a Montana probate case preserves the integrity of the estate accounting, protects the personal representative […]
Read article →How can next of kin qualify to be appointed as the estate administrator in MT?
How can next of kin qualify to be appointed as the estate administrator under MT law? Short answer Under Montana law, a next of kin who wants to serve as the estate administrator (sometimes called a personal representative or administrator) must be legally eligible, have priority under the court’s appointment rules, file a petition for […]
Read article →What documents are required to apply for probate appointment and oath? (Montana, MT)
Probate appointment and oath — what documents you must file in Montana Quick answer: To apply for appointment as personal representative (executor or administrator) and to take the required oath in Montana, you generally file a petition (application) for appointment, the original will if one exists, a certified copy of the decedent’s death certificate, the […]
Read article →Which statements and financial documents are required for annual and final probate accountings? (MT)
This FAQ explains, under Montana law, what statements and financial documents you typically must prepare and keep when filing annual and final probate accountings. It describes the kinds of records courts expect, the typical format of an accounting, and practical steps to assemble a complete filing. This is educational information only — not legal advice. […]
Read article →What steps can heirs take to resolve an elective share dispute through mediation in MT?
Detailed Answer When an heir is involved in a dispute about a surviving spouse’s elective share of a Montana estate, mediation can resolve the disagreement faster, less expensively, and more privately than litigation. Mediation lets the parties control the outcome by negotiating a settlement with the help of a neutral third party (the mediator). Below […]
Read article →What is the process for negotiating a creditor’s payoff amount in estate administration — Montana (MT)
Negotiating a Creditor’s Payoff Amount During Montana Estate Administration This FAQ-style guide explains the typical process a personal representative (executor or administrator) follows to negotiate a creditor’s payoff amount when administering an estate in Montana. It summarizes practical steps, documentation, negotiation strategies, and when to involve the court or an attorney. This is educational only […]
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