Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies in Montana without a valid will (intestate), their real property passes to heirs under the Montana intestate succession statutes. Here’s how title transfer works for an inherited home with multiple heirs:
1. Identify Heirs Under MCA 72-2-103
Montana Code Annotated (MCA) §72-2-103 outlines who inherits when there’s no will. Common scenarios:
- If the decedent is survived by a spouse and children, the spouse gets one-half of the real estate; children split the remaining half equally.
- If there’s no spouse but multiple children, they share equally.
- If there’s no spouse or descendants, parents or more distant relatives may inherit.
For full details, see MCA 72-2-103.
2. Open Probate and Appoint a Personal Representative
Heirs must open a probate case in the District Court of the county where the property lies. Under MCA 72-3-201, the court appoints a personal representative (formerly known as executor). The representative gathers assets, notifies creditors, and inventories the estate.
3. Value, Inventory, and Petition for Distribution
The representative obtains an appraisal of the home and other assets. After creditor claims and expenses are resolved, the representative petitions the court for a final order of distribution listing each heir’s interest. Montana courts issue a “Decree of Distribution.”
4. Transfer Title by Deed and Recording
Once the court signs the Decree of Distribution, the personal representative executes a new deed transferring title to the named heirs. They must record the deed with the County Clerk and Recorder where the property lies. Recording completes the transfer and updates the official property records.
5. Handling Multiple Heirs
- If heirs agree, they can hold the property as tenants in common and later agree to buy out shares or sell.
- If heirs disagree, any heir may file a partition action under MCA §70-29-201 to divide or sell the property.
Helpful Hints
- Gather the original death certificate before filing probate.
- Compile a complete family tree to identify all possible heirs.
- Consult the county clerk’s office for local probate filing fees and forms.
- Obtain a professional appraisal to ensure accurate asset valuation.
- Discuss distribution plans with all heirs early to avoid disputes.
- Keep detailed records of all court filings, notices, and communications.