Detailed Answer
Gathering key information and documents before a loved one’s passing makes Montana probate faster and less costly. Under the Montana Uniform Probate Code (Mont. Code Ann. Title 72, Chapter 3), the personal representative must identify heirs, inventory assets, and validate the will. Having these materials on hand prevents delays and reduces court fees.
Key items to collect:
- Original will and codicils. The court requires the original document. If the decedent stored it with an attorney or in a safe deposit box, note the location.
- List of beneficiaries and heirs. Names, addresses, dates of birth, and relationships to the decedent help the court distribute assets correctly.
- Real estate deeds. Provide legal descriptions, parcel numbers, and mortgage information for property located in Montana and elsewhere.
- Financial account statements. Bank, investment, retirement, and brokerage account statements with account numbers and institution contact details.
- Life insurance and annuity policies. Policy numbers, issuing companies, beneficiary designations, and contact information.
- Vehicle titles. Titles for cars, boats, or other titled property. If stored electronically, note how to request paper copies.
- Safe deposit box information. Location, box number, keys, and authority documents (e.g., power of attorney) to access the box.
- Business ownership records. Partnership agreements, corporate bylaws, LLC operating agreements, stock certificates, and recent tax returns.
- Trust documents. Revocable or irrevocable trust agreements and amendments. Trustees need these to administer trusts outside probate.
- Powers of attorney and healthcare directives. Copies of durable power of attorney, advance healthcare directive, and HIPAA release forms, which help handle affairs if the decedent became incapacitated.
- Recent tax returns. Federal and state income tax returns for at least the past three years.
- Personal records. Marriage certificates, divorce decrees, military discharge papers, birth certificates for minor beneficiaries, and Social Security numbers.
Having these documents ready allows the personal representative to file a petition for probate, serve notices, and submit an inventory to the court promptly. In Montana, the personal representative must file an inventory within three months of appointment (Mont. Code Ann. § 72-3-308). Early preparation reduces the risk of missed deadlines and creditor claims.
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified Montana attorney to address your specific circumstances.
Helpful Hints
- Create a secure digital or physical folder labeled “Estate Planning Documents” and update it annually.
- Inform your personal representative and family members where documents are kept.
- Keep beneficiary designations up to date on retirement accounts and insurance policies.
- Review and update your will and trusts every three to five years or after major life events.
- Consider a letter of intent outlining funeral wishes, guardianship preferences, and personal messages to heirs.