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Probate Guides & Estate Settlement Articles

Search probate guides, practical articles, and estate settlement resources.1534 in-depth guides • 105 blog posts

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How to Avoid Probate in South Dakota
GuideSouth DakotaPillar Guide22 min read

How to Avoid Probate in South Dakota

South Dakota offers a TOD deed, vehicle and boat TOD titles, POD accounts and trusts, but a trust must expressly reserve revocation.

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Montana Advance Directive
GuideMontanaSupport Guide12 min read

Montana Advance Directive

A Montana advance directive is a living will signed before two witnesses, a durable health care power of attorney, or both.

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Montana Ancillary Probate
GuideMontanaSupport Guide16 min read

Montana Ancillary Probate

Montana ancillary probate: an out-of-state personal representative files with the district court where the property sits and gets a clerk's certificate.

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Montana Creditor Claims in Probate
GuideMontanaSupport Guide20 min read

Montana Creditor Claims in Probate

Montana creditor claims: notice to creditors must be published, claims are due 4 months after first publication, and old debts die 1 year after death.

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Montana Debt Payment Priority
GuideMontanaSupport Guide23 min read

Montana Debt Payment Priority

MCA 72-3-807 pays administration costs first, then funeral and last-illness bills as one class, then estate taxes and child support.

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Montana Digital Assets After Death
GuideMontanaSupport Guide19 min read

Montana Digital Assets After Death

Montana's digital assets act puts an online tool ahead of your will. Emails need consent or a court order, and a custodian has 60 days to answer.

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Montana Elective Share
GuideMontanaSupport Guide9 min read

Montana Elective Share

The Montana elective share gives a surviving spouse 50% of the marital-property portion of the augmented estate, with a $75,000 floor.

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Montana Estate Planning Basics
GuideMontanaPillar Guide20 min read

Montana Estate Planning Basics

Montana estate planning uses four documents: a will with two witnesses, a financial power of attorney, a health care directive, and a trust.

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Montana Estate Tax Rules
GuideMontanaSupport Guide21 min read

Montana Estate Tax Rules

Montana has no estate tax for deaths after 2004 and no inheritance tax. Only the federal estate tax applies, above $15 million for a 2026 death.

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Montana Executor Duties
GuideMontanaPillar Guide25 min read

Montana Executor Duties

Montana executor duties in statute order: notify heirs in 30 days, publish to creditors, inventory in 9 months, pay claims, then close.

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