• Montana probate laws govern estate property distributions.Montana state contour with Capital City against blurred USA flag image by Stasys Eidiejus from Fotolia.com
  
  Probate laws determine how estates--the property left behind after a person dies--get distributed. In Montana, the state's probate laws are covered under Montana Code Annotated Title 72. These laws govern everything from the creation of last wills and testaments to the how estates get administered.
  
  

Intestate Succession

• If a person in Montana dies having owned property but without leaving a last will and testament, the laws of intestate succession determine who gets the property. The Montana intestate succession laws establish who inherits property based on the person's relationship to the decedent. For example, when a person dies having left behind a surviving spouse, no children, and surviving parent, Montana Code Annotated § 72-2-112 states that the spouse is entitled to receive the first $200,000 of the estate, plus three-quarters of any remaining property. The remaining one-quarter of the estate value then passes to the surviving parent of the decedent.
  
  

Wills

• Montana residents can effectively avoid the laws of intestate succession by drafting a valid last will and testament. Montana Code Annotated § 72-2-751 states that anyone who is of sound mind and at least 18 years old can make a will. These wills must be in writing, signed by the testator and at least two witnesses who can attest to having witnessed the testator signing the will or acknowledging his signature of the will.
  
  Unlike many states, Montana also allows for holographic wills. Holographic wills are those that are hand-written by the testator. Montana Code Annotated § 72-2-522 states that holographic wills are valid if signed by the testator and if the material portions of the will are in the testator's handwriting.
  
  

Procedures

• Montana Code Annotated § 72-3-102 states that all wills must be probated to be considered valid and to effectively transfer property from the estate to any beneficiary. The probate process begins once a person dies in Montana leaving property behind. After this happens, the court must appoint a personal representative, also called an executor, to oversee the estate. This person can be named in the decedent's will or appointed by the court or by the clerk of the court. The personal representative is then issued "letters testamentary," or more simply "letters," that allows him to legally distribute estate property.