Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
1. Identify and Gather Property Records
Begin by confirming the decedent’s ownership of the real property. Obtain a certified copy of the deed from the county clerk and recorder’s office. Review the legal description, chain of title and any liens or encumbrances.
2. File a Probate Petition
Submit a petition for probate in the district court where the decedent lived, per MCA 72-3-109 and MCA 72-3-111. Include the original will (if any), a certified death certificate and the mailing addresses of heirs or beneficiaries.
3. Appointment of Personal Representative
Once the court admits the will and grants letters testamentary or letters of administration, the personal representative gains authority to manage estate assets, including real property.
4. Inventory and Appraisal
Within three months of appointment, the personal representative must inventory and appraise all estate assets, including real property, as required by MCA 72-3-428. File the inventory with the court and serve a copy on interested parties.
5. Notice to Creditors
Publish notice to creditors in a local newspaper and mail direct notice to known creditors under MCA 72-3-903. This protects the personal representative from late claims.
6. Confirm Inclusion of Real Property
Ensure the real property appears on the inventory with correct legal description and appraised value. If the will directs specific real estate distributions, prepare deeds or conveyance documents for beneficiary transfer.
7. Court Approval and Transfer
If beneficiaries require clear title, file a petition for order of distribution or decree of transfer. The court will issue an order instructing the county recorder to transfer title under MCA 72-3-1001 or applicable code.
8. Record the Transfer
Record the court order and any new deed with the county clerk and recorder. Pay any required transfer taxes or recording fees to finalize the estate inclusion process.
Helpful Hints
- Keep digital and paper copies of all filings, notices and receipts.
- Confirm deadlines: inventory due in three months; creditor claims due within four months.
- Work with a title company to confirm lien status before distribution.
- Consult local probate rules for variations by county.
- Notify heirs of all court dates and filings to prevent delays.