What documents are needed to complete a small estate affidavit for estate assets in Montana?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your situation. Detailed Answer In Montana, a small estate affidavit lets heirs collect personal property without formal probate if the decedent’s personal assets (excluding encumbrances) total no more than $100,000 and no real estate […]
Read article →How to Distribute Estate Assets to Heirs Using a Small Estate Affidavit Process in MT
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed Montana attorney for guidance tailored to your situation. Detailed Answer In Montana, you may use the small estate affidavit process to transfer certain personal property outside formal probate. Under MCA 72-2-111, if the decedent’s personal property totals $50,000 […]
Read article →How to validate and certify an affidavit of collection to collect personal property in Montana
Disclaimer This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer Under Montana law, you can collect a decedent’s personal property without formal probate by using a small-estate affidavit. The process and requirements are set out in Montana’s Probate Code, […]
Read article →How to initiate the sale of estate property to satisfy creditor claims in MT
Disclaimer: This article is for educational purposes only. It is not legal advice. Detailed Answer Under Montana law, a personal representative (formerly executor or administrator) may sell estate property to pay valid creditor claims when cash assets fall short. This process follows the Montana Probate Code (Title 72, MCA). 1. Confirm Personal Representative Authority After […]
Read article →What Options Exist for Selling or Auctioning Personal Property to Reimburse Estate Expenses and Equalize Distributions Among Heirs? – MT
Detailed Answer When administering a Montana estate, a personal representative may need to liquidate personal property to pay estate debts and streamline distributions. Montana’s Uniform Probate Code (UPC), found in the Montana Code Annotated (MCA) Title 72, Chapter 3, outlines options for selling or auctioning assets. Key methods include: 1. Private Sale (MCA § 72-3-710) […]
Read article →What Procedures Ensure Estate Expenses and Creditor Claims Are Addressed Before Distributing Assets to Heirs in MT
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation. 1. Appointment of a Personal Representative Under Montana law, probate begins when someone petitions the district court to appoint a personal representative (also called an executor). The court […]
Read article →How is the fair market value of personal property calculated in a probate case in Montana?
Disclaimer: This article provides general information about Montana probate law and is not legal advice. Consult a licensed Montana attorney for advice specific to your situation. Detailed Answer 1. Overview of Montana’s Probate Appraisal Requirement Under Montana law, the personal representative (executor or administrator) must inventory and appraise all estate assets within 90 days of […]
Read article →How Do I Determine Ownership When My Deceased Parent Is the Only Name on the Deed? (MT)
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Understanding Sole Ownership on a Deed in Montana When a deed lists only your deceased parent’s name, it generally means they held full legal title at the time of death. Montana […]
Read article →How can an administrator locate and verify potential heirs when only limited information is available? (MT)
Disclaimer: This article does not provide legal advice. It offers general information only. For advice specific to your situation, consult a licensed attorney in Montana. Detailed Answer As a personal representative in Montana, you must locate and verify all heirs before distributing estate assets. Under Montana law, the personal representative has a duty to make […]
Read article →How can a potential heir be appointed as administrator in Montana when the decedent left no will?
Disclaimer: This is not legal advice. This article provides general information about Montana probate law. Detailed Answer In Montana, when someone dies without a valid will (intestate), the court appoints a personal representative—commonly called an administrator—to handle the estate. A potential heir may petition the district court in the county where the decedent resided for […]
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