Petition Of Partition Of Real Property

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 Of Partition Of Real Property 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 Of Partition Of Real Property

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition Of Partition Of Real Property:

• 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 12.6 - Petition Of Partition Of Real Property 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 12.6, 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 12.6 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 12.6 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 Of Partition Of Real Property 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 12.6 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 12.6, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition Of Partition Of Real Property 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 12.6 - Petition Of Partition Of Real Property 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 Of Partition Of Real Property 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 12.6 - Petition Of Partition Of Real Property. You can use this to get an idea of the context of the form and what type of information is needed.

Form 12.6 PETITION FOR PARTITION OF REAL AND PERSONAL PROPERTY - PAGE 1 §§ 72-3-914, 72-2-211, and 72-29-101, 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 PARTITION OF REAL AND PERSONAL PROPERTY COMES NOW, Petitioner, by and through counsel, _________________________, and respectfully shows as follows: 1.That Petitioner is [Personal Representative or heir or devisee] in the Estate of ________________ (“Estate”). 2.That property of the Estate consists of personal property, including: _____________________________________________________________________. 3.The following are entitled to undivided interests as tenants in common, in certain real property located at (enter street address), _______________, County of ________________, State of Montana, which is more particularly described as: ____________________________________________________________________ (enter legal description) 4.That Petitioner is authorized under § 72-3-914, MCA (2005) to bring this Attorney Name: _______________________________________________ ATTORNEY'S LAW FIRM: ______________________________________ Attorney's Address: ____________________________________________ City, State, Zip: _______________________________________________ Phone Number: _______________________________________________ Attorneys for: _________________________________________________ Form 12.6 PETITION FOR PARTITION OF REAL AND PERSONAL PROPERTY - PAGE 2 §§ 72-3-914, 72-2-211, and 72-29-101, 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 partition action. 5.That the following Montana property tax liens on the subject real property are outstanding: _______________________________________________________. 6.The subject real property is also subject to the following additional liens and encumbrances: ____________________________________________________. 7.That upon and according to the information and belief of Petitioner, there is no other person having any interest in the real property herinabove described and there is no other lien or encumbrance of any kind appearing of record against the real property sought to be partitioned. 8.The following liens are outstanding on the subject personal property: _____________________________________________________________________. 9.That Petitioner has paid, on behalf of Petitioner and Co-Tenants, certain charges, accounts statements or real property taxes, maintenance costs, and other reasonable and necessary charges in order to preserve the herinabove described real and personal property, keep it free of liens and encumbrances, and, therefore, Petitioner is entitled to contributions from Co-Tenants in the amount of $ __________ as of the date hereof and additional amounts to be accounted for and proved at time of hearing. 10.That the real and personal property herinabove described, together with all improvements, is so situated that no partition thereof can be made without great prejudice to the Estate, and any other parties in interest which may be later joined to Form 12.6 PETITION FOR PARTITION OF REAL AND PERSONAL PROPERTY - PAGE 3 §§ 72-3-914, 72-2-211, and 72-29-101, 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 this action, and the real and personal property is so situated that the Court should order a sale thereof. 11. That the Court should appoint three (3) referees, or the parties may agree upon a lesser number, for the purposes of a complete partition by sale in favor of Petitioner and the Beneficiaries of the Estate according to their interests in and to the real and personal property hereinabove described. 12. That Petitioner should be awarded the costs of a policy of title insurance as a taxable cost pursuant to § 70-29-216, MCA (2005), if it appears to the Court that it be necessary to have a policy of title insurance on the real property hereinabove described. 13. That Petitioner brings this action for the benefit of all persons interested in the subject property and that the Estate is entitled to reimbursement of reasonable counsel fees, expended by the Petitioner, fees of referees and other costs and disbursements to be borne among the parties respectively entitled to share in the subject property divided by sale, in proportion to the respective interests therein, all of which should be included and specified in the judgment for partition by sale as specified in § 70-29-218, MCA (2005). 14. That to the extent any of such fees and costs and contributions are not paid upon judgment, Petitioner alleges there should be a lien on the several shares of the parties interested therein, and against such shares in the herinabove described real property as may be awarded by the Court. Form 12.6 PETITION FOR PARTITION OF REAL AND PERSONAL PROPERTY - PAGE 4 §§ 72-3-914, 72-2-211, and 72-29-101, 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, ___________________________, moves the Court: 1.That the respective interests of the parties in and to the herinabove described real and personal property, together with all improvements, appurtenances and hereditaments thereto, be ascertained and determined. 2.That a partition by sale of real and personal property be ascertained by this Court, with the division of proceeds of sale according to the parties’ respective interests therein. 3.That the Court order an accounting of reasonable and necessary charges, costs, accounts and taxes paid by the parties of interest and the Court award these parties contribution of the same from said parties. 4.That, pendant lite, three (3) referees be appointed to this Court to fulfill their statutory duties as set forth in Chapter 29, Partition of Real Property, Title 70, MCA (2005), to sell the property, or the Court, by agreement of the parties appoint one referee and receiver to sell the property in a commercially reasonable manner. 5.For Petitioner’s reasonable counsel fees, expended by Petitioner for the common benefit of the parties and Petitioner’s other costs and disbursements. 6.For such other, further and additional relief, any or all, as the Court may deem just, proper and equitable in the premises. Dated this day of , 20 . Attorney Firm Name and Address By: Attorney’s Name Attorney for Petitioner Form 12.6 PETITION FOR PARTITION OF REAL AND PERSONAL PROPERTY - PAGE 5 §§ 72-3-914, 72-2-211, and 72-29-101, 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 CERTIFICATE OF MAILING I certify that on ______________________, I served a copy of the foregoing ______________________________ by mailing a true and correct copy, first class mail, postage prepaid, to: _______________________________________ [Person who mailed documents]