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She must make a written will. The Montana intestacy law provides for the distribution of her estate only to her relatives. SurvivorsDivision of Property1. Spouse onlyAll to spouse2. Spouse and descendants of both decedent* and surviving spouse onlyAll to spouse9 more rows
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.
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.
In California, a community property state, the surviving spouse is entitled to at least one-half of any property or wealth accumulated during the marriage (i.e. community property), absent a pre-nuptial or post-nuptial agreement that states otherwise.
These are examples of the benefits that survivors may receive: Widow or widower, full retirement age or older 100% of the deceased workers benefit amount. Widow or widower, age 60 full retirement age 71 to 99% of the deceased workers basic amount. Widow or widower with a disability aged 50 through 59 71%.

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If the decedent spouse names the surviving spouse in their will as the beneficiary of the interest in the house, then the surviving spouse will be the new owner of the house upon proper transfer of title. If the decedent spouse did not have a will, then the house will pass to the decedent spouses heirs.
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.
THE 2019 MONTANA LEGISLATURE REPLACED. beneficiary deeds with transfer on death deeds (TODDs). As under prior law, TODDs allow owners at death to transfer their real property located in Montana to one or more beneficiaries without probate. Real property is land, including whatever is built, growing on, or affixed to it
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.
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.

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