Montana Inheritance Loans and Probate Advance Law

Dec 19 2018

The Montana probate process is designed to make sure the last will and testament of a decedent is followed when their estate is divided and distributed to heirs and beneficiaries. Each state designs its own probate laws which define how an estate is to be probated, what documents are required, and who will manage and administer the estate through the probate process. If you are planning your estate or if you are an heir or beneficiary to an estate, it is important that you are familiar with the relevant laws.

What are Montana Probate Laws?

Probate laws in Montana have several purposes. They validate and interpret the wishes of the deceased as defined in their will; they manage and protect the assets of the estate until it is distributed to its beneficiaries; they settle tax obligations and creditor claims, and they provide a legal means for the transfer of property and assets.

Anyone who is planning their estate in Montana should seek help from an experienced wills and estates attorney. They will know how best to set up the estate to reduce fees and taxes. If you are assigned as the personal representative or executor of an estate, a probate attorney can help ensure you complete the process properly and ensure you file all the required documentation correctly and within the specified time limits.

What is the Probate Process in Montana?

While the probate process in Montana has the same core steps as in most other states, there are differences that you should be aware of. You must know and complete the steps as directed by Montana law in order to prevent issues and delays.

A personal representative or executor who is named in the will has 30 days to notify heirs and beneficiaries of their appointment. Once a week for three weeks, the personal representative must publish notices in a general circulation newspaper of their appointment. The executor must notify creditors to file a claim against the estate within four months of the first notice published.

The executor must identify, collect, manage and appraise the assets of the estate and then pay all creditors who filed legitimate claims against the estate, as well as all state and federal taxes owed by the decedent. The executor will distribute the remaining assets to heirs and beneficiaries according to the directives in the will and close probate.

The average time to finish probate in Montana is nearly a year unless the informal process can be used, not to mention that the IRS has up to three years to conduct an audit of the estate. But if probate has not concluded after two years, the court can close the estate if there is not just cause for it to remain open.

What Property Will Go Through Probate in Montana?

Property that will go through probate in Montana includes property that is held in the decedent’s name only. By planning ahead, you can prevent most property from having to go through probate. For example, property that is held jointly with right of survivorship will not need to go through probate, nor will property that is held in trust.

Assets that have a designated beneficiary, those that are payable upon death, and those that transfer upon death do not have to go through probate. An attorney can help you make sure your assets and property can transfer to your beneficiaries without having to go through probate.

How Can You Avoid Probate in Montana?

You can avoid probate in Montana with planning and forethought and bypass not only expensive filing fees, but also liquidation of assets, attorney fees, and other related expenses. If the estate is not able to pay the fees associated with probate, assets may need to be liquidated to pay them. A living trust can be used to ensure your heirs get the property and belongings you want them to have. Probate is lengthy and can sometimes get caught up in red tape. Assets held in living trust are transferred to your heirs without needing to go through probate.

How Can You Access Montana Inheritance Funds Immediately?

There is a way you can access Montana inheritance funds immediately instead of waiting for the probate process to end. In fact, some heirs and beneficiaries may qualify to receive their inheritance funds in only days instead of years. The process is simple and fast, and all information is secure.

Probate Advance gives beneficiaries and heirs the choice of receiving their inheritance funds now instead of waiting for the lengthy process of probate. With Probate Advance, there are no hidden fees, no interest, no payment plans, and no rules on how you use the money. All you need to do to get started is fill out the form or give us a call.

Do You Qualify for an Inheritance Cash Advance?

Figuring out if you qualify for an inheritance cash advance in Montana is as easy as giving us a little basic information. We can quickly determine if you qualify for an inheritance advance, and if you do, you may be eligible to get your funds in as little as 48 hours or less. We make it easy for beneficiaries and heirs to access their inheritance funds while they are stuck in probate.

What Do You Need for a Probate Advance in Montana?

What you need for a probate advance in Montana is simply some basic information that will allow us to confirm you are a beneficiary or heir to an estate in probate. Once confirmed, you just need to tell us how you want to receive your money and it can be in your account in as little as two days.

What Areas of Montana Qualify for an Inheritance Loan?

We provide inheritance loans throughout all of Montana, including the following major cities:

  • Billings
  • Missoula
  • Great Falls
  • Bozeman
  • Butte

You can learn more about probate laws in Montana and estate rules by reviewing our resources.

Montana Probate Resources

Montana Inheritance Tax Laws