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If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.
Wills and Public Record Once probate has been officially closed by the court, the will becomes a public record. Generally, anyone can go to the courthouse where it is filed, pay the required fee, and receive a copy of the will.
A written will is valid in Montana if executed (signed and witnessed) according to Montana law, the law of the state or country where the will was executed, or the law of the place where, at the time of death, the testator is domiciled, has a place of abode, or is a national.
In Montana, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Many do not realize that if they die without writing a will, Montana law provides for the disposition of their real and personal property. While the laws may make sense for many people, your preferences for the distribution of your property may be different. If so, you should write a will.
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Yes, a person can make his or her own will, but it must be in the testators own handwriting. This type of will is called a holographic will. Such a will is valid if the signature and the material provisions are in the handwriting of the testator.
After an individual has passed away, the executor who is the person or people who have been appointed in the will to administer the estate is the only person entitled to see the will and read its contents.
A will must be in writing. Verbal or video taped wills are not legally recognized by federal law. A will should be signed by the maker, dated, and witnessed by two disinterested persons age 18 and over. Disinterested means the witnesses cannot be named as beneficiaries in your written will.
If you want to search for the will of a person who died recently, you can apply to the Probate Service for a standing search to be made. They will check their records to see if a grant of probate has been made in the twelve months before your application, and they will continue to check for six months afterwards.
Do I Need a Lawyer to Make a Will in Montana? No. You can make your own will in Montana, using Nolos Quicken WillMaker. However, you may want to consult a lawyer in some situations.

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