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Montana Inheritance Law & Probate Procedure

Montana PROBATE COURT FINDER:
- Probate Court for Toole County: Key information about your local probate court (District Court in Montana) for Toole County.
How Probate Works in Montana: How to handle the probate of an inheritance at Toole County's probate court.
- Here are links to:
  - Montana Probate Forms and the
  - Montana State Probate Court Website.
Small Estates Procedures in Montana: Learn how to use Montana's Small Estate procedures that can save you time and money.
- You can use an Affidavit in Montana for estates with less than $50,000, not counting liens or encumbrances (like a mortgage). There is a 30-day waiting period.
  
  Mont. Code Ann. Code 72-3-1101 and following.
  
  You can use a summary probate procedure for estates in which the value of the estate, less liens or encumbrances, doesn't exceed the homestead allowance, exempt property, family allowance, and costs of administration, funeral expenses, and last illness expenses.
  
  Mont. Code Ann. Code 72-3-1103.
Montana Estate Taxes:
- Montana, like most states, does not impose an estate or inheritance tax. Only a few states do.
Avoiding Probate in Montana. Find out what property bypasses probate death and goes directly to beneficiaries. such as:
- Transfer on Death Deeds (TODDs)

Bankruptcy & Debt

MEANS TEST CALCULATOR
- for Toole County, Montana (applies the state and county income and expense standards into your means test calculation. Updated with the latest median income and expense standards for May 15, 2024)
Montana BANKRUPTCY EXEMPTION FINDER: Search detailed listings of bankruptcy exemptions under Montana law and Federal law, for use in filing out Schedule C, when you file for bankruptcy.
- Federal Exemptions available in Montana?:
  - No. Mont. Code Ann. § 31-2-106
- Montana Homestead Exemption
  - Real property or mobile home you occupy to $378,560*; sale, condemnation, or insurance proceeds exempt for 18 months
    Must record homestead declaration before filing for bankruptcy
    
    *2023 inflation adjustment
- Montana Vehicle Exemption
  - Motor vehicle to $4,000
Montana BANKRUPTCY COURT ESSENTIAL INFO: Get information about using your local bankruptcy court.
FREE BANKRUPTCY FORMS:
We'll tell you which bankruptcy forms you need and where to find them.

Montana Unemployment Benefits

Benefit Amounts in Montana: Learn how unemployment works, how much you'll get, and for how long.
- Minimum:
  - $194 per week
- Maximum:
  - $698 per week
- Duration:
  - In Montana, you can receive unemployment benefits for up to 24 weeks. The duration of benefits depends on how much of your total base period earnings you earned in the highest paid quarter: You will receive benefits for a longer period of time if you earned significant wages outside of the highest paid quarter of the base period.
Eligibility: >Whether you qualify for unemployment.
How to Apply: How to apply for unemployment in Montana.
- Montana Department of Labor and Industry: Unemployment Insurance Division
  - 406-444-2545
Unemployment Office Near Me? How to find your local unemployment office.
COVID-19 Benefits: We tracked the rise and fall of COVID-19 unemployment benefit payments.
Montana Wage & Hour Law
- Montana Minimum Wage:
  - The minimum wage in Montana is $10.30 an hour. Because this is higher than the federal minimum wage of $7.25, employees in The Big Sky State must be paid at least $10.30 an hour.
- Overtime Pay: Every state has rules about weekly maximum hours and overtime. Learn about the overtime laws in Montana and whether they apply to you.
- Wage Claims: If you're being unlawfully underpaid, you need to learn how to file a "Wage Claim" in Montana.
- Tips : Every state has special pay rates for tipped workers. Find out the rules for tipped workers in Montana.
  - The tipped minimum wage in Montana is the same as the regular minimum wage: $10.30 an hour. Tips don't count against the employer's obligation to pay the minimum wage.