How to Apply to Serve as Administrator of Your Mother's Estate in Montana
How to apply to serve as administrator of your mother’s estate in Montana Short answer: If your mother died without a will (intestate), you must ask the Montana district court in the county where she lived to appoint a personal representative (commonly called an administrator). The basic steps are: collect certain documents, file a petition […]
Read article →Montana: Selling an Estate House Facing Foreclosure When a Co-Administrator Refuses to Sign
What to do if a co-administrator refuses to sign to sell an estate house facing foreclosure in Montana Short answer If an estate-owned house is facing foreclosure but a co-administrator refuses to sign the sale paperwork, you generally cannot complete a private sale without court involvement. In Montana you can ask the probate court to […]
Read article →Court Approval to Release Estate Funds in Montana
Detailed Answer: Getting a Montana probate court to allow release of estate money when beneficiaries disagree Short answer: If beneficiaries dispute how estate funds should be split, the personal representative (executor) cannot safely distribute money without court approval or a signed settlement. To get the court’s OK in Montana you typically must file a probate […]
Read article →Montana — Does sale of a deceased parent’s house and payoff of debts leave money governed by the will?
Short answer Usually, yes — if the house is part of your father’s probate estate, any money left after valid debts, taxes, lien payoffs, and administration costs are paid will become estate assets and will be distributed according to your father’s will (subject to Montana’s probate rules and any statutory protections for a surviving spouse […]
Read article →Montana: Reimbursing Yourself for a Decedent’s Vehicle Lien
Detailed Answer If you used your own money to pay a decedent’s vehicle lien in Montana, you may be able to recover that money from the estate — but how you get reimbursed depends on your role (personal representative, heir/beneficiary, or third-party creditor), whether the probate is supervised or unsupervised, and whether the personal representative […]
Read article →How Remaining Estate Funds Are Distributed to Children in Montana
Final Distribution of Estate Funds to Children in Montana: A Clear FAQ Disclaimer: This article provides general information only and is not legal advice. Consult a Montana probate attorney for guidance about your specific situation. Short answer After taxes, creditor claims, and estate administration expenses are paid or reserved, the personal representative (executor/administrator) distributes the […]
Read article →Montana Probate: Do You Need a Bond to Serve as Administrator?
Probate Bond Requirements in Montana: What a Proposed Administrator Needs to Know Short answer Under Montana law, the court will generally require a bond from a person appointed as administrator of an intestate estate to protect estate creditors and heirs. The court has statutory authority to require or set the amount of the bond and, […]
Read article →How Montana Courts Decide Who Becomes an Estate Administrator
How Montana Courts Decide Who Is Appointed Administrator of an Estate Short answer: Under Montana law, the court looks first at whether the decedent named a personal representative in a valid will. If not, or if the named person is unable or unwilling, the court follows a priority of relatives and other interested parties. Beyond […]
Read article →Using Sale Proceeds to Pay Estate Cleanup and Junk Removal in Montana
Can sale proceeds be used to pay for estate junk removal and personal property cleanup? Short answer: Yes — under Montana law sale proceeds from estate property are estate assets and may generally be used to pay reasonable and necessary expenses of administration, including junk removal, cleaning, and removal of personal property. However, the personal […]
Read article →Montana: How Unauthorized Charges to a Parent's Estate Are Handled in Probate
Understanding How Montana Probate Handles Unauthorized Charges to a Parent's Estate Not legal advice: This article explains general principles under Montana law to help you assess next steps. It is educational only and not a substitute for advice from a licensed Montana attorney. Short answer — what typically happens If someone makes unauthorized charges against […]
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