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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.
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
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.
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.
Montana recognizes holographic (handwritten) wills so long as the signature and material portions of the document are in the testators handwriting. In Montana, holographic wills do not have be witnessed in order to be valid.

People also ask

In Montana, any person over age 18 can make a will if your mind is rational and you are not under undue influence from another person. The will must be in writing; Montana law does not accept verbal or video wills. That does not mean, however, that you cannot have a video that shows you signing the will.
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.
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.
Spouses in Montana Inheritance Law Die with a surviving spouse and no parents or children or other descendants, and your spouse inherits your entire estate. And if you leave behind a spouse and descendants with that spouse, your spouse also inherits everything.
Is Probate Required in Montana? Probate is required in Montana unless you have a named beneficiary in a trust or for other assets. However, there are different kinds of probate, which can determine how quickly the process will go.

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