The Purpose of the Montana Probate Process

Probate Advice, Tips from a Kalispell, Montana Probate Lawyer

The probate process is the legal, administrative process that determines the value of the assets of a deceased person and distributes these assets according to state law. More specifically the probate proceedings serve to:

• Determine whether or not the deceased person had a will, and determine the validity of that will;
• Appoint a personal representative to gather, manage and protect the property and assets of the deceased;
• Identify and notify heirs and/ or devisees of the estate;
• Pay debts of deceased and settle claims of creditors;
• Distribute assets and property of the estate to the heirs according to Montana state law of intestacy; or to devisees named in the will.

How the assets will be distributed depends on whether or not the deceased person drafted a will prior to his or her death. If there is a will, then the property and assets will be distributed by the personal representative as directed under the will. If individual died without a will then property and assets will be distributed according to Montana law of intestate succession.

The laws of intestate succession in Montana determine who receives property and assets of a deceased person, and the how much of that property they will receive. According to Montana law if an individual is survived by a spouse only, then his or her spouse will receive 100% of the property of the estate. If the individual had children with that spouse, then the spouse is also entitled to receive 100% if the estate property.

However, if the deceased person has children from a prior marriage, step children, or is not married, the distribution of property becomes more complicated. For example, if the deceased individual had a surviving spouse and children from a prior marriage, then the spouse is entitled to receive $100,000 plus ½ of the remaining estate and the child is entitled to receive ½ the remaining estate.

When a family experiences a death it can be a troubling and overwhelming time. That is why it is important to have an attorney that can look after your interests during the probate process to reduce any unnecessary complications, prevent undue delays and, perhaps most importantly, ensure that your loved one’s last wishes are properly acknowledged. To learn more about the probate process or to speak with a Montana probate attorney call me in Kalispell at (406) 752-6373.