Petition For Approval Of Final Account Intestate Estate

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 Approval Of Final Account Intestate Estate 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 Approval Of Final Account Intestate Estate

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Approval Of Final Account Intestate Estate:

• 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 14.1 - Petition For Approval Of Final Account Intestate Estate 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 14.1, 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 14.1 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 14.1 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 Approval Of Final Account Intestate Estate 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.

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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 14.1 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 14.1, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Approval Of Final Account Intestate Estate 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 14.1 - Petition For Approval Of Final Account Intestate Estate 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 Approval Of Final Account Intestate Estate 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 14.1 - Petition For Approval Of Final Account Intestate Estate. You can use this to get an idea of the context of the form and what type of information is needed.

Form 14.1 PETITION FOR APPROVAL OF FINAL ACCOUNT, SETTLEMENT AND DISTRIBUTION OF AN INTESTATE ESTATE BY PERSONAL REPRESENTATIVE - PAGE 1 §§ 72-3-1001, 1002, 1005, 1006 and 72-3-607, 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 APPROVAL OF FINAL ACCOUNT 1 , SETTLEMENT AND DISTRIBUTION OF AN INTESTATE ESTATE BY PERSONAL REPRESENTATIVE The Petitioner respectfully shows: 1. died intestate on , 20____. Petitioner is the duly-appointed, qualified, and acting Personal Representative of the decedent's estate. 2.Petitioner has  sent a copy of the inventory to interested persons; or  Petitioner has filed and sent a copy of the inventory to interested persons who requested it. 3.Petitioner has given notice to creditors of the decedent as required by law. The time for presenting claims that arose prior to the death of the decedent has expired. 1 See §72-3-1005, MCA (2005) to determine whether an accounting is required; and if so to whom it is to be rendered. Attorney Name: _______________________________________________ ATTORNEY'S LAW FIRM: ______________________________________ Attorney's Address: ____________________________________________ City, State, Zip: _______________________________________________ Phone Number: _______________________________________________ Attorneys for: _________________________________________________ Form 14.1 PETITION FOR APPROVAL OF FINAL ACCOUNT, SETTLEMENT AND DISTRIBUTION OF AN INTESTATE ESTATE BY PERSONAL REPRESENTATIVE - PAGE 2 §§ 72-3-1001, 1002, 1005, 1006 and 72-3-607, 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. All debts of the decedent and of the estate, and all expenses of administration thus far incurred, and all taxes that have attached to or accrued against the estate have been paid or will be paid prior to distribution. 5. Petitioner has either filed a Final Account with the Court or delivered a copy to all interested persons, detailing all receipts and disbursements in the administration of the estate, and the estate is in a condition to be closed. 2 6. The decedent died intestate and is survived by the following heirs who are entitled to distribution of the property remaining in the estate in the following manner: 3 [Enumerate proposed distribution] 7. If a federal estate tax return is required there has been filed with the Clerk of Court:  A certificate from the Department of Revenue stating that no estate tax is due. OR  A certificate from the Department of Revenue stating the amount of tax due, and a receipt from the County Treasurer stating that the tax due on the assets of the estate has been paid. OR  A certificate from the Department of Revenue stating that an agreement has been made for an extension of time for payment of estate taxes. 4 2 See § 72-3-1005, MCA (2005), re: content of Final Account. Approval of attorney’s fees and costs may also be requested. 3 Set forth names and relationships of heirs and proposed distribution. In this paragraph, describe any partial distribution which may have been made to date, the assets remaining to be distributed, and to whom they are to be distributed. Also, if federal estate taxes are to be apportioned pursuant to §72-16-601, MCA (2005), et seq., a statement to this effect should be included in the Petition. 4 As of 2005 the federal credit for estate taxes paid to the State has been repealed, so there no longer is a Montana “pick-up tax”. But § 72-3-1006, MCA has not been amended. Form 14.1 PETITION FOR APPROVAL OF FINAL ACCOUNT, SETTLEMENT AND DISTRIBUTION OF AN INTESTATE ESTATE BY PERSONAL REPRESENTATIVE - PAGE 3 §§ 72-3-1001, 1002, 1005, 1006 and 72-3-607, 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 prays: 1.The Court set a time and place of hearing this Petition. 2.The Court allow and settle the Final Account filed herewith. [if account is filed] 3.The Personal Representative be authorized to distribute the assets of the estate, and any other property of the decedent or of the estate not now known or discovered, to the persons entitled according to law as set forth above. 4.Upon payment of the debts of the decedent, expenses of administration, and all taxes and upon distribution of said estate in accordance with said Order, the Personal Representative be discharged. 5 Dated this day of , 20 . Personal Representative Address: ________________________ _________________________ Note: This form would be used when the estate was opened formally, and the issues of intestacy and heirs have previously been determined in a formal proceeding. 5 Where appropriate, permission may be requested to withhold some cash in a contingency fund for payment of inheritance tax, estate tax, or income tax deficiencies.