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Who inherits if someone dies without a will?

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.

Do wills go public record?

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.

What makes a will legal in Montana?

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.

How do you avoid probate in Montana?

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).

Do you have to have a will in Montana?

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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