Probate or Trust Administration

The passing of a family member or loved one is stressful enough without having to determine whether probate is required. If a family member or loved one has passed, we are here to walk you through the administration process.

Small Estates

Depending upon the type of assets your loved one owned and how they were titled, a Probate may not be needed. Contact us for an free-initial consultation to determine whether a Probate needs to be opened or if a small estate administration is more appropriate.

Probate

Simply put - Probate is the process of transferring assets of your loved one to the heirs after death. Not all assets need to go through Probate. For example, any assets listing a beneficiary do not go through Probate.

If a Probate is required, the first step is to determine whether your loved one had a valid Will. If there is a Will, then the individual named in the Will as the Personal Representative, will need to apply with the Court to be appointed as the Personal Representative and open the probate. The original Will also needs to be filed with the Court. If there is no Will, then Montana law determines who has priority to be appointed as the Personal Representative. You must wait at least 5 days after death before a probate can be filed. We understand how difficult it is to lose someone you love. Let us deal with the details so you can grieve.

TRUST ADMINISTRATION

If your loved one has assets titled in the name of a Trust at the time of death, then a Trust Administration will be necessary to distribute the assets according to the instructions in the Trust. Contact us for an free-initial consultation to review the Trust so we can assist you in determining the next steps.