Navigate Through Probate With A Missoula Attorney

In Montana, probate is the legal process that settles a deceased person’s assets, debts and other affairs. Every estate will go through probate, because this is the administrative process to validate a will. Probate is not a simple, easy legal process and you need a probate attorney to make the next part easier.

At P. Mars Scott Law Offices, our probate attorneys have spent the last 45 years helping clients in Missoula handle the stresses and struggles of probate. We provide experienced, thorough service through the road ahead and provide answers to questions when you need them.

Avoiding Probate With Estate Planning

An early question we get from many clients is this: is it possible for someone to avoid probate in Missoula with estate planning? And that’s not completely possible, but you can go a long way to minimizing probate’s impact with proactive estate planning.

An estate plan can include many tools that will help you avoid the complications of probate, as well as estate tax liability. These tools include:

• Revocable living trusts
• Joint ownership
• Beneficiary designations
• Gifts

Each of these options presents opportunities and risks for the individual creating the estate plan, but our probate attorneys will provide you an in-depth look at each choice. We work diligently to protect you and your family.

Probate Process In Montana

The probate process in Montana has many moving parts to it, but it can be broken down into three general phases:

• Notification: Notifying family members and anyone else with an interest in the estate of the passing. This notification must include anyone who stands to inherit and anyone with a debt.
• Verification: In court, any will or any other estate plan must be verified as legal and in effect. This part of the process is somewhat straightforward, but if there are any concerns about the will, this is when they will be raised.
• Distribution: In this section, the personal representative will utilize the assets to resolve any outstanding debts, provide the remainder to the heirs and close the probate process.

Despite how direct that seems, the probate process can take months or years depending on the complexity of an estate.

Probate Attorneys Face Down Problems, Call Us To Learn More

If someone you loved died without an estate plan, the probate court will make the decisions for the distribution of the estate. If you’re looking at a probate process like that, if you want any chance at having control of what comes next, you need the help of our probate attorneys.

Reach out to us today to learn how we can help. Call us at 406-303-2142 or you can send an email using this form.