Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
1. Identifying Real and Personal Property
When a Montana resident dies without a will, the district court appoints a personal representative under Mont. Code Ann. § 72-3-101. The representative locates real property by examining county deed records, conducting title searches, and reviewing tax assessor databases. To identify personal assets—such as bank accounts, investment portfolios, vehicles, jewelry, and household goods—the representative reviews financial statements, insurance policies, safe-deposit box inventories, and personal records.
2. Inventory and Appraisal Process
Within three months of appointment, the personal representative must file an inventory and appraisal of all estate property under Mont. Code Ann. § 72-3-102. This inventory must list each asset, a brief description, and its fair market value. The clerk of district court reviews the inventory to ensure completeness before any distribution.
3. Distribution Under Montana Intestacy Law
Montana’s intestate succession rules appear in Title 72, Chapter 2, Part 2. Key provisions include:
- Spouse as sole heir if there are no surviving descendants or parents (§ 72-2-105).
- Spouse and descendants share the estate: the spouse receives a statutory share and descendants split the remainder (§ 72-2-106).
- All descendants inherit equally if there is no surviving spouse (§ 72-2-107).
- If there is no spouse or descendants, parents, siblings, and more remote kin inherit under §§ 72-2-109 through 72-2-110.
After creditors and expenses are paid, the court issues an order directing the personal representative to transfer titles, deeds, and funds to heirs according to these statutes.
Helpful Hints
- Consider hiring a probate attorney to help with filings, deadlines, and court procedures.
- Gather deeds, financial statements, insurance policies, and personal records early in the process.
- Keep clear, dated records of all valuations and transactions involving estate assets.
- Communicate openly with potential heirs to reduce the risk of disputes.
- Contact the clerk of district court in the decedent’s county for local forms, fees, and procedural guidelines.