Why Probate Exists
Montana probate law generally requires a will to be validated in court before distributing a deceased person's assets to their heirs. This legal process ensures that properties, vehicles, and financial accounts are allocated as intended while also settling any outstanding debts.
Probate assets must go through court supervision, whereas non-probate assets bypass this step. Typically, non-probate assets avoid probate because the deceased made prior arrangements, such as designating a direct beneficiary for a retirement account.

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