How to Determine Remaining Assets in an Estate After Paying Debts and Fees in Montana

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

Step 1: Inventory and Appraise All Estate Assets

Begin by listing every asset the decedent owned at death. Under Mont. Code Ann. § 72-3-1101, the personal representative must file an inventory and appraisal with the court. Typical assets include:

  • Real property (homes, land)
  • Bank accounts, investments, retirement plans
  • Personal property (vehicles, jewelry, furniture)
  • Business interests
  • Digital assets and intellectual property

Step 2: Notify Creditors and Pay Valid Debts

Next, notify all known creditors and publish notice to unknown creditors. Under Mont. Code Ann. § 72-3-701, creditors generally must file claims within four months of appointment. Once claim deadlines expire, pay debts in the order prescribed by Mont. Code Ann. § 72-3-711:

  • Funeral expenses and administration costs
  • Family allowances and homestead allowances
  • Estate taxes and inheritance taxes
  • Secured debts (mortgages, liens)
  • Unsecured debts (credit cards, medical bills)

Step 3: Compensate the Personal Representative

The personal representative is entitled to reasonable compensation for services rendered. Montana caps these fees under Mont. Code Ann. § 72-3-712. Deduct this amount before distributing remaining assets.

Step 4: Calculate the Residuary Estate

After paying debts, taxes, and representative fees, the assets left form the residuary estate. Montana defines this remainder under Mont. Code Ann. § 72-3-713. These assets pass to beneficiaries according to the will or Montana’s intestacy laws if there is no valid will.

Helpful Hints

  • Maintain a detailed spreadsheet of all assets and claims.
  • Track creditor deadlines to avoid disallowance of claims.
  • Keep copies of appraisals, receipts, and court filings.
  • Consider consulting a probate attorney for complex estates.
  • Communicate regularly with beneficiaries about the process.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.