Flathead Probate Concierge - Suggested Steps to take

Here's a checklist for settling an estate with a worth of over $50,000 in Flathead County. Please note that this is a general checklist and may not cover all specific circumstances. It's always recommended to consult with an attorney or estate planning professional for personalized advice.

1. Obtain legal representation: Hire an experienced estate attorney who specializes in probate law to guide you through the settlement process.

2. Locate and secure important documents: Gather all relevant documents, including the will, trust documents (if applicable), financial statements, insurance policies, property deeds, and any other documents related to the estate.

3. Initiate probate proceedings: File the necessary paperwork with the Flathead County Probate Court to initiate the probate process. This typically involves filing a petition for probate and submitting the will (if available).

4. Notify relevant parties: Notify all interested parties, including heirs, beneficiaries, financial institutions, and creditors, about the death of the decedent and the probate proceedings.   If the home is unoccupied, be sure the insurance covers the "Vacant" home.  Cancel subscriptions.  Cancel credit cards after you have confirmed that there are no Auto-Pay functions that need to be preserved during probate.

5. Appoint the executor or personal representative: If the decedent named an executor in the will, the court will confirm their appointment. Otherwise, the court will appoint a personal representative to manage the estate.

6. Inventory assets and liabilities: Create a comprehensive inventory of the decedent's assets, including bank accounts, investments, real estate, vehicles, personal property, and any outstanding debts or liabilities.

7. Obtain appraisals: Determine the fair market value of significant assets, such as real estate, valuable collectibles, and jewelry, by obtaining professional appraisals.

8. Publish a “Notice To Creditors” (See link below for more details.) 

9. Pay outstanding debts and taxes: Identify and settle any outstanding debts of the decedent, including mortgages, credit card debts, medical bills, and funeral expenses. Also, ensure that any necessary estate and inheritance taxes are paid.

10. Distribute assets: Once all debts, taxes, and administrative expenses have been settled, distribute the remaining assets to the heirs according to the terms of the will or state intestacy laws if there is no will.

11. File final tax returns: Prepare and file the decedent's final income tax return and, if necessary, any estate tax returns. Seek guidance from a tax professional to ensure compliance with tax laws.

12. Obtain releases and waivers: Obtain releases and waivers from the heirs and beneficiaries, indicating their acceptance of their share of the estate and absolving the executor or personal representative of any future claims.

13. Finalize probate proceedings: Submit the necessary documents to the probate court to finalize the probate process, including an accounting of the estate's assets, expenses, and distributions.

14. Estate distribution and closing: Distribute the remaining assets to the heirs and beneficiaries, close the estate's bank accounts, transfer property titles, and complete any other necessary administrative tasks.

15. Maintain accurate records: Keep detailed records of all transactions, communications, and financial statements related to the estate settlement process for future reference and potential audits.

Remember, this checklist is a starting point and may need to be customized based on the specific details of the estate and any local laws or regulations. It's highly recommended to consult with a qualified estate attorney to ensure proper compliance with Flathead County's probate procedures and laws.