Home Trusts

Trusts

Advance Directive Packet

 

INSTRUCTIONS: MONTANA ADVANCE DIRECTIVE PACKET

 

 

To file an advance directive documenting your wishes for health care in the event you are incapable of expressing them, you may file an advance directive. This is available as part of a packet from the website maintained by the Montana Department of Justice. The actual directive begins on the eleventh page of the packet.

 

Montana Advance Directive Packet Step 1: On the first blank line, enter your full name.

 

Montana Advance Directive Packet Step 2: Section 1 concerns steps to be taken if you are in a terminal condition and physician concludes you will die in a relatively short time without life sustaining treatment which only prolongs the dying process. Check all boxes next to statements expressing your wishes. 

 

Montana Advance Directive Packet Step 3: Section 2 allows you to document a chronic illness or serious disability that should not be mistaken for a terminal condition. Completion of this section is optional.

 

Montana Advance Directive Packet Step 4: Section 3 allows you to appoint someone with power of attorney to make health care decisions on your behalf if you are unable to. Indicate with a check mark whether you wish to appoint a health care representative.

 

Montana Advance Directive Packet Step 5:  If you wish to appoint a health care representative, print their full name on the first blank line of section A. Below, provide their address, home phone number and work phone number.

 

Montana Advance Directive Packet Step 6: In Section B, you may document up to two additional health care representatives.

 

Montana Advance Directive Packet Step 7: Section 4 requires your signature and that of up to two witnesses. Alternately, you may choose to have this form witnessed by a notary public. On the first three blank lines of Section A, enter the date, month and year.

 

Montana Advance Directive Packet Step 8: On the next blank line, enter your signature.

 

Montana Advance Directive Packet Step 9: On the next blank line, print your name.

 

Montana Advance Directive Packet Step 10: On the next three blank lines, enter your street address, city, state, zip code, home phone number and work phone number.

 

Montana Advance Directive Packet Step 11: Have witnesses complete Section B or have a notary public complete Section C.

 

Montana Advance Directive Packet Step 12: Special directions may be expressed in Section 5 on the last page.

 

Download the PDF file .

Letters

 

INSTRUCTIONS: MONTANA LETTERS

 

 

This article discusses a packet made available by the Montana Courts website containing documents necessary to appoint a personal representative for an estate in the state. 

 

Montana Letters Step 1: The first form contained in this packet is an application for informal probate and appointment of a personal representative. Where indicated at the top lefthand corner, enter the name, address and telephone number of the applicant for personal representative.

 

Montana Letters Step 2: On the first two blank lines, enter the number of the judicial district and the name of the county.

 

Montana Letters Step 3: On the next blank lines, enter the name of the deceased and the probate number.

 

Montana Letters Step 4: On line 1, enter the relationship of the applicant to the deceased.

 

Montana Letters Step 5: On line 2, enter the name of the decedent, their date of death, their age at the time, and the county in which they were domiciled.

 

Montana Letters Step 6: On line 3, enter the names and addresses of spouses,children, heirs and devisees, as well as the ages of those who are minors.

 

Montana Letters Step 7: On line 4, enter the names and addresses of personal representatives of the decedent whose appointment has not terminated.

 

Montana Letters Step 8: On line 5, indicate whether you have received a demand for notice or if you are aware of a demand of notice for any probate or appointment proceeding concerning the decedent.

 

Montana Letters Step 9: On line 7, enter the reason why the applicant is entitled to be appointed personal representative. 

 

Montana Letters Step 10: Sign and date the form where indicated, then obtain the certification of a notary public.

 

Montana Letters Step 11: The next form contained is an order of informal probate and appointment of personal representative. This form will be signed, dated and completed by the deputy clerk and clerk of court. 

 

Montana Letters Step 12: The next form contained is the letters form certifying the appointment, also completed by the deputy clerk and clerk of court.

 

Montana Letters Step 13: The next form contained is the personal representative's sworn statement to the court filed when they wish to close the estate following completion of informal probate proceedings. This form must also receive the certification of a notary public.

 

Download the PDF file .