Petition For Adjudication Of Intestacy

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Petition For Adjudication Of Intestacy is a commonly used form within Montana. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Petition For Adjudication Of Intestacy

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Adjudication Of Intestacy:

• This form pertains to the State of Montana

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Montana’s Form Form 8.1 - Petition For Adjudication Of Intestacy up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Montana form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Montana probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Form 8.1, take a break, and then review. Probate and estate settlement processes in MT are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Form 8.1 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form Form 8.1 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Petition For Adjudication Of Intestacy to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Montana.

5 reasons you should submit Form 8.1 as quickly as possible:

1. The sooner you begin, the faster Montana can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Montana. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Montana is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Montana probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Montana probate clerk or court for exact answers regarding Form Form 8.1, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Adjudication Of Intestacy is one of the many probate court forms available for download through Atticus.

It may also be available through some Montana probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Montana.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Form 8.1 - Petition For Adjudication Of Intestacy f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Montana probate court office.

Petition For Adjudication Of Intestacy is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Montana-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Montana Form Form 8.1 - Petition For Adjudication Of Intestacy. You can use this to get an idea of the context of the form and what type of information is needed.

Form 8.1 PETITION FOR ADJUDICATION OF INTESTACY, DETERMINATIO OF HEIRS, AND APPOINTMENT OF PERSONAL REPRESENTATIVE - PAGE - 1 §§ 72-3-301, 202, 204, and 401, MCA (2005) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MONTANA JUDICIAL DISTRICT COURT, COUNTY IN THE MATTER OF THE ESTATE OF , Deceased. Probate No. PETITION FOR FORMAL ADJUDICATION OF INTESTACY, DETERMINATION OF HEIRS, AND APPOINTMENT OF PERSONAL REPRESENTATIVE AND FOR SUPERVISED ADMINISTRATION Petitioner respectfully shows: 1.Petitioner is . 1 2. died on , 20 at the age of years. At the time of death, the decedent was domiciled in the County of State of ______________ 3. The names and addresses of the spouse, children, heirs, and devisees and the ages of any who are minors, so far as is known or ascertainable with reasonable diligence by the applicant, are: 2 NAME ADDRESS RELATION AGE* * If over 18 show as “Adult” 1 State interest of Petitioner. See § 72-1-103(25), MCA (2005). 2 If there are no children or spouse, state so and make further definitive statement of other heirs. Attorney Name: _______________________________________________ ATTORNEY'S LAW FIRM: ______________________________________ Attorney's Address: ____________________________________________ City, State, Zip: _______________________________________________ Phone Number: _______________________________________________ Attorneys for: _________________________________________________ , Form 8.1 PETITION FOR ADJUDICATION OF INTESTACY, DETERMINATIO OF HEIRS, AND APPOINTMENT OF PERSONAL REPRESENTATIVE - PAGE - 2 §§ 72-3-301, 202, 204, and 401, MCA (2005) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4.Venue for this proceeding is in County, Montana, because . 3 5.The name and address of a Personal Representative of the decedent appointed in this State or elsewhere whose appointment has not been terminated is: . 4 6. Petitioner  has  has not received a demand for notice and  is  is not aware of a demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere. . 5 7.Petitioner after exercise of reasonable diligence is unaware of any revoked or unrevoked testamentary instrument relating to property having a situs in Montana. 6 8.Petitioner is entitled to be appointed Personal Representative because his priority under § 72-3-502, MCA (2005), is: . 7 9.Other person having a prior or equal right to the appointment under § 72-3- 501 through § 72-3-508, MCA (2005) are as follows: NAME BASIS OF RIGHT TO BE APPOINTED 3 Use this paragraph only if decedent was not domiciled in Montana at the time of death. 4 If none, either omit or state “none.” 5 State any exceptions. 6 If there is any instrument of which applicant is aware which is not being offered for probate, explain why it is not being offered. § 72-3-204 (1), MCA (2005). 7 State facts showing applicant’s priority under § 72-3-502, MCA (2005). CAUTION: See § 72-3-504(3), MCA (2005): “When two or more person share a priority, those them who do not renounce must concur in nominating another to act for them or in applying for appointment.” See Form 10.5 Form 8.1 PETITION FOR ADJUDICATION OF INTESTACY, DETERMINATIO OF HEIRS, AND APPOINTMENT OF PERSONAL REPRESENTATIVE - PAGE - 3 §§ 72-3-301, 202, 204, and 401, MCA (2005) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, Petitioner requests that the Court set a time and place for hearing; that notice be given to all interested persons as provided for by law, that after notice and hearing, the Court enter an Order finding that the decedent left no wills, determining heirs of the decedent, and appointing Petitioner as Personal Representative, and that Letters issue to Petitioner, and ordering supervised administration. DATED this _____ day of _________________, 20___. PETITIONER’S NAME Address: ___________________________ ___________________________