Laws in Montana About Probate Advances and Inheritance Loans

The Montana probate process is designed to make sure the will of a decedent is followed when their estate is divided and given to the beneficiaries. Each state designs its own probate laws which define how an estate is to be probated, what documents are required, and who will manage and administer the estate during probate. If you are in the process of planning your estate or if you will be an heir to an estate, it is important that you are familiar with the relevant laws.

What are Montana Probate Laws?

Probate laws in Montana have several purposes. They validate and interpret the wishes of the deceased as defined in their will; they manage and protect the assets of the estate until it is distributed to its beneficiaries; they settle tax obligations and creditor claims, and they provide a legal means for the transfer of property and assets. Anyone who is planning their estate in Montana should seek help from an experienced wills and estates attorney. They will know how best to set up the estate to reduce fees and taxes. If you are assigned as the personal representative or executor of an estate, a probate attorney can help ensure you complete the process properly and ensure you file all the required documentation correctly and within the specified time limits.

What is the Montana Probate Process?

While probate in Montana has the same core steps as in most other states, there are differences that you should be aware of. You must know and complete the steps as directed by Montana law in order to prevent issues and delays.
  • A personal representative or executor who is named in the will has 30 days to notify heirs and beneficiaries of their appointment.
  • Once a week for three weeks, the personal representative must publish notices in a general circulation newspaper of their appointment.
  • The executor must notify creditors to make a claim with the estate within four months of the first notice published.
  • The executor must identify, collect, manage and appraise the assets of the estate and then pay all creditors who filed legitimate claims against the estate, as well as all state and federal taxes owed by the decedent.
  • The executor will distribute the remaining assets to heirs and beneficiaries as stipulated in the will and close probate.
The average time to finish probate in Montana is nearly a year unless the informal process can be used, not to mention that the IRS has up to three years to conduct an audit of the estate. But if probate has not concluded after two years, the court can close the estate if there is not just cause for it to remain open.

What Property Must be Added to Montana Probate?

Property that is to be included probate in Montana includes property that is held in the decedent’s name only. By planning ahead, you can prevent most property from having to go through probate. For example, property that is held jointly with right of survivorship will not need to go through probate, nor will property that is held in trust. Assets that have a designated beneficiary, those that are payable upon death, and those that transfer upon death do not have to go through the process. An attorney can provide assistance to make sure your assets and property can transfer to your beneficiaries without having to be included in probate.

How Can You Stay Out of Montana Probate?

You can keep an estate out of probate in Montana with planning and forethought and bypass not only expensive filing fees, but also liquidation of assets, attorney fees, and other related expenses. If the estate is not able to pay the fees associated with probate, assets may need to be liquidated to pay them. A living trust can be used to ensure your heirs get the property and belongings you want them to have. Probate is lengthy and can sometimes get caught up in red tape. Assets held in living trust are transferred to your heirs without needing to go through probate.

Ways to Get Montana Inheritance Funds Immediately

There is a way you can acquire Montana funds on an inheritance immediately instead of waiting for the probate process to end. In fact, some heirs and beneficiaries may qualify to receive their inheritance funds in only days instead of years. The process is simple and fast, and all information is secure. Probate Advance gives beneficiaries and heirs the choice of receiving their inheritance funds now instead of waiting for the lengthy process of probate. With Probate Advance, there are no hidden fees, no interest, no payment plans, and no restrictions on how you use the money. All you need to do to get started is fill out the form or give us a call.

Do You Know If You Qualify for an Inheritance Cash Advance?

Figuring out if you are eligible for an inheritance cash advance in Montana is as easy as providing a little basic information. We can quickly determine if you qualify for an inheritance advance, and if you do, you may be eligible to get your funds in as short of a timeframe as 48 hours or less. We make it easy for beneficiaries and heirs to access their inheritance funds while they are stuck in probate.

What is Necessary for a Montana Probate Advance?

All that’s necessary for a probate advance in Montana is the most basic information that will allow us to determine that you are a beneficiary or heir to an estate currently in probate. Once that has been taken care of, you just need guide us on where you want to receive your money and it can be in your account in a couple of days.

What Regions of Montana are Eligible for an Inheritance Loan?

Contact us for inheritance loans throughout the state of Montana, including:
  • Billings
  • Missoula
  • Great Falls
  • Bozeman
  • Butte
Read the following resources to get information about Montana probate laws and estate rules.

Montana Probate Resources

Montana Laws on Inheritance Taxes

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