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There is no need for probate or letters of administration unless there are other assets that are not jointly owned. The property might have a mortgage. However, if the partners are tenants in common, the surviving partner does not automatically inherit the other persons share.
According to the Montana Uniform Probate Code, probate must be filed and closed within two years of the persons death. The exception to this rule is if the executor can show just cause why it hasnt been closed.
All that is necessary is an affidavit to be presented to the court, but the estate must be worth less than $50,000. Formal probate is lengthier and more complex, but it also has two categories: supervised and unsupervised. With supervised probate, the court will oversee all actions of the executor.
There are no time limits when applying for probate, but as an executor you need to act in the best interests of the beneficiaries. If you delay the process for too long, they will be within their rights to start questioning you.
Can An Executor Sell Estate Property Without Getting Approval From All Beneficiaries? The executor can sell property without getting all of the beneficiaries to approve. However, notice will be sent to all the beneficiaries so that they know of the sale but they dont have to approve of the sale.
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How Long Does Probate Take in Montana? A good rule of thumb is that probate can take anywhere from around six months to about a year for an average estate to be settled. More complex and larger estates can take years, and simpler basic estates could even be handled more quickly.
Does a next of kin have legal rights and responsibilities? No. The term next of kin is in common use but a next of kin has no legal powers, rights or responsibilities. In particular, they cannot give consent for providing or withholding any treatment or care.
Under Hindu law, a wife gets an equal share of the assets of the deceased husband divided between other Class I heirs, the children and mother. This applies only if the man dies intestate. If there are no children and other claimants, the wife is entitled to the total property.
The Montana intestate statutes do not apply to payable on death (POD) designations or transfer on death (TOD) registrations, joint tenancy with right of survivorship transfers, or to insurance policies with a designated beneficiary other than the persons estate.
All the children of the parent who has died intestate inherit equally from the estate. This also applies where a parent has children from different relationships.

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