Probate in Montana

News and Resources | March, 17, 2013 | by 0 Comments

When a person dies, with or without a will, Montana laws provide a legal process to determine his or her real and personal property and for determining the market value of the assets and their distribution to appropriate parties.

One procedure, termed probate, takes place in the district court of the county where the deceased person had residence. Probate is not required for any property the decedent held in trust, or any property held in joint tenancy with right of survivorship with another person. If the deceased had real property located in another state, an “ancillary administration” proceeding in that state may be necessary.

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