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Why the Home Goes into Probate
If your relative didn’t establish a living trust or hold the property in joint tenancy with another person, the residence will likely go through probate under Montana probate law. A well-structured trust can help bypass the probate process, allowing assets to transfer directly without court involvement. Similarly, a deed with “right of survivorship” ensures that the surviving owner inherits the property immediately. However, if neither of these arrangements exists, the property becomes part of the estate, along with other assets like bank accounts, personal belongings, and vehicles, and the probate court oversees the distribution process.
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