Frequently Asked Questions - Probate in Montana

Wondering if we can help you?  Just reach out to us and ask.  If you need a lawyer, you will get to talk with one.  Today.  Guaranteed.*  406.630.3032.

Probate is the legal process through which a deceased person's assets are distributed, debts are settled, and the estate is administered according to Montana law.  Here, the decisions are made by judges and lawyers, not by you (because you’ve passed away and/or because you didn’t have a will).   Attorney Paul Moses has experience in probate matters over the years. He would be happy to discuss your case and your questions.  Call us at 406.630.3032.

In Montana, probate is generally required in the following situations:

1. The deceased person owned real estate solely in their name;
2. The deceased person owned other assets, such as bank accounts, investments, or personal property, solely in their name; and/or
3. There is a need for a court order to transfer assets, resolve disputes, or provide legal authority for the distribution of assets.

The probate process in Montana is usually initiated by filing a petition with the appropriate district court in the county where the deceased person resided.  In other words, a court proceeding is required in probate cases.  Hiring an attorney with experience handling probate matters is important.

A personal representative, also known as an executor or executrix, is an individual appointed by the court to oversee the probate process and manage the estate's administration.

In Montana, assets are distributed during probate according to the deceased person's will or, if there is no will, according to Montana's laws about dying without a will.  Again, this is a technical area of law, so hiring an attorney with experience handling probate matters is important.

Yes, it is possible to avoid probate in Montana for certain assets. Strategies such as creating a revocable living trust, designating beneficiaries on assets, and joint ownership can help bypass the probate process for certain types of assets. 

Put it this way:  You can do your own brain surgery, you know.  In either instance, however, the results will be the same:  bloody, irreversible, and much more expensive than you thought it'd be by doing it yourself.  So although you are not required to have an attorney during the probate process, it is highly recommended to seek experienced legal representation if you have questions about or are interested in issues related to probate cases in Montana.