
Montana Surviving Spouse Rights
A Montana spouse can elect 50% of the marital-property portion of the augmented estate under MCA 72-2-232, and three allowances come on top.
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A Montana spouse can elect 50% of the marital-property portion of the augmented estate under MCA 72-2-232, and three allowances come on top.

A Montana transfer on death deed passes land at death under MCA 72-6-401 to 72-6-418. Record it before you die, or the deed does nothing.

Montana trust administration under the Uniform Trust Code: the two 60-day notices, annual reports, creditor exposure and final distribution.

A Montana will contest is a formal testacy proceeding in district court: the grounds MCA 72-3-310 names, who may file, and the deadlines.

Montana will requirements under MCA 72-2-522: a writing, the testator's signature, and two witnesses. Handwritten wills count, no notary needed.

Selling inherited property in Montana: who signs the deed under MCA 72-3-613, how a TOD deed or joint tenancy changes that, and the tax.

Selling inherited property in South Dakota: who signs the deed, the $50,000 land affidavit, the transfer fee and no state income tax.

A South Dakota advance directive is a health care power of attorney and a living will, each signed before two witnesses or a notary.

An out-of-state executor can file certified copies in the South Dakota county holding the property. A will still needs a local probate to pass title.

South Dakota creditor claims close four months after a published notice or after appointment for known creditors, and three years after death.
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