Probate Law

If you have been named the personal representative (PR) or executor of a will for an estate totaling more than $50,000, Montana requires that you file in the local probate court. Probate is a complicated legal process that typically takes a few months to a year, and can entail legal paperwork and court appearances by a lawyer.

This process includes:

• routine legal procedure to prove the will is valid

• identifying and inventorying the estate

• property appraisal

• payment of debts and taxes

• transferring the remaining property as the will or law (in the absence of a will) directs

The PR or executor may be a family member, friend, attorney, corporate entity — a bank or trust company — or a combination of those. If someone does not name a PR in a will, or if a they pass away without writing a will, the District Court Judge will appoint one. As PR, you are responsible for transferring real estate and personal property to their new owners.

In addition to filing paperwork and representing you in court, our attorneys can make legal recommendations as you fulfill this important role. For example, if the will bequeaths money but the estate consists of valuable artwork, the art collection might need to be appraised and sold to produce cash. Or, if outstanding debts exist, you may have to sell some of the property to settle them.

For probate cases the attorney is paid from the estate property. Ask us about tailoring our services to your needs through our flexible Limited Scope offerings.

If you would like to make a will or update an existing will please visit our page on Wills & Estate Planning for more information on how we can help.