A decedent (pronounced da-See-dunt) is a deceased person. This term is commonly used to refer to a deceased person in the law of wills, trusts, and estates.
In Montana, the term 'decedent' refers to an individual who has passed away. The legal matters concerning decedents, such as the distribution of their assets and the settlement of their estates, are governed by Montana's laws of wills, trusts, and estates. These laws are codified primarily in Title 72 of the Montana Code Annotated (MCA). When a decedent leaves a will, it outlines how their property should be distributed, and the probate court oversees the process to ensure the will is executed according to the decedent's wishes. If a decedent dies intestate (without a will), Montana's intestacy laws come into play to determine how the estate is divided among surviving relatives. Trusts created by the decedent before death can also dictate the management and distribution of assets outside of the probate process. The role of the personal representative (also known as an executor or administrator) is crucial in managing the decedent's estate, including paying debts and distributing assets to beneficiaries.