Probate in Montana | MT Legal Resources | FastCounsel

How do heirs locate and claim unclaimed property of a deceased relative in MT?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney or the Montana Department of Revenue for guidance specific to your situation. Detailed Answer 1. Search for Unclaimed Property Begin by conducting an online search of Montana unclaimed property records. Visit the Montana Department of Revenue’s Unclaimed […]

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What factors influence the timeline for completing the probate process in Montana?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Montana to discuss your specific situation. Detailed Answer The probate process in Montana follows the Montana Uniform Probate Code (Mont. Code Ann. Title 72, Chapter 3). The time to complete probate can vary widely. Below are […]

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How to Verify if a Workers’ Compensation Claim Has Been Filed for My Workplace Injury in MT

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under Montana law, you can confirm whether your employer filed a workers’ compensation claim on your behalf. Employers must report workplace injuries to their insurer and to the Montana Department of Labor & Industry (DLI). See Mont. Code Ann. […]

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What Are the Risks of Probating an Estate Without Legal Representation in MT?

Disclaimer This article is for educational purposes and not legal advice. Consult a licensed attorney before acting. Detailed Answer Handling probate without an attorney in Montana means you manage estate administration yourself as personal representative under the Montana Probate Code (Mont. Code Ann. § 72-3-201). This process includes filing the will, notifying heirs and creditors, […]

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If Real Property Passes Automatically at Death Versus Why Do I Have to Probate the Will in MT?

How Real Property Transfers at Death and Why Probate May Be Necessary Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Montana for advice regarding your situation. Detailed Answer In Montana, some real estate interests pass outside of probate. Others require a formal estate administration. […]

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What steps are involved in notifying creditors and handling claims after a death in Montana?

What Steps Are Involved in Notifying Creditors and Handling Claims After a Death in Montana? Disclaimer This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation. Detailed Answer Under Montana law, when a person dies, their estate must satisfy valid creditor claims before […]

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Can I Use an Obituary as Proof of Death to Open an Estate if the Death Certificate Is Unavailable in MT?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Montana law, the district court requires an authenticated death certificate before opening an estate. Mont. Code Ann. §72-3-201(1)(a) mandates that the clerk of court receive a certified copy of the decedent’s death certificate issued by the Montana Department […]

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How do I prepare an heirship affidavit in Montana?

Heirship Affidavit Preparation in Montana Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Montana for guidance on your specific situation. Detailed Answer In Montana, an heirship affidavit lets a decedent’s heirs claim property without formal probate when the estate qualifies as a small estate […]

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Can I Open an Estate and Become the Personal Representative if I Am the Mother-in-Law? – MT

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When a person dies in Montana, their estate often must go through probate. Probate is the court process that settles debts and distributes assets to heirs. The individual appointed by the court to oversee this process is called the […]

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Can I Elect a Life Estate Instead of an Intestate Share in Montana?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Montana law, heirs cannot elect to receive a life estate in place of an intestate share. Montana abolished dower and curtesy, so the surviving spouse or other heirs do not have a statutory right to a life estate […]

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