Detailed Answer
When a decedents real property sells in a Montana probate proceeding, the personal representative must distribute the net sale proceeds to the estates devisees or heirs. Montana law requires specific authorization forms to protect all parties and to close the estate efficiently.
1. Receipt of Distribution by Devisee or Heir
Under Mont. Code Ann. § 72-3-719, each heir or devisee must sign a Receipt of Distribution. This form:
- Acknowledges receipt of the heirs share of proceeds.
- Discharges the personal representative from liability for further claims on distributed funds.
2. Waiver of Notice of Final Account and Distribution
Montana law allows heirs to waive formal notice of the final account hearing under Mont. Code Ann. § 72-3-720. By signing a Waiver of Notice, the heir:
- Agrees to forego the hearing notice period.
- Speeds up the closing of the estate.
3. Consent to Sale of Real Property
If the sale of real property requires court approval, heirs can sign a Consent to Sale to avoid a full hearing under Mont. Code Ann. § 72-3-213. This:
- Grants the personal representative authority to sell without court fees for a hearing.
- Confirms all interested parties agree to the sale terms.
4. Release and Consent to Distribution
In both testate and intestate estates, heirs often sign a Release and Consent to Distribution. While Montana statutes do not set a model form, many probate courts provide a template. This form:
- Confirms that heirs have reviewed the distribution plan.
- Releases the personal representative from future liability related to distributed assets.
Helpful Hints
- Download official probate forms from your county courts website to ensure you use the correct version.
- Verify each heirs full legal name and the exact distribution amount before signing.
- Submit original signed forms to the probate clerk and keep a certified copy for your records.
- If an heir is a minor or incapacitated, the court may require a guardian or conservator signature.
- Discuss any disputes or uncertainties with a qualified probate attorney to avoid delays.
- Follow all deadlines in the probate court rules to prevent penalties or additional fees.