Montana Probate Process Lawyer

Many people think that probate is a puzzling concept. We at Tanko Law Office strive to dispel this sense of mystery for our Montana and Nevada clients by making probate easier for them to understand. Below is an example of the timeline for events following the death of a loved one. Contact Brian Tanko at 406-257-3711 or through the online form to discuss any questions you have about the probate process.Although the Montana probate process is not as mystifying as many people think it is, the best course of action in any probate case is to have an experienced attorney help with probate administration.

Estate Administration Attorney

Immediately following the loved one’s passing:

  • Locate the Will and any other estate planning documents: If there is a Will, it should be located as soon as possible following the passing of a loved one. Although the Will is often the most vital document, any other documents should be found as quickly as possible.
  • If there is a Will: Contact the executor/personal representative (usually the children or heirs)
  • If there is no Will: The court must appoint a personal representative

Once a personal representative is found or appointed:

  • Contact an attorney: Having an experienced attorney makes the probate process move much more quickly and efficiently, and ensures that critical issues in the probate process are not neglected. He or she can also help with any probate litigation issues that may arise.
  • File required pleadings and other documents: This is one of the areas where it is vital to have an experienced probate attorney. Probate requires many pleadings to be filed, and it can be hard for someone who is unfamiliar with the probate process to keep track of all the requirements and filings.
  • Preserve property: Steps need to be taken to ensure that none of the estate is improperly disposed of.

After the first pleadings have been filed:

  • Determine creditors: The personal representative should find out if there are any creditors who may have claims against the estate.
  • Collect income: If there is any income due to the deceased, the personal representative may collect that income at this time to add it to the estate.
  • Inventory assets: The personal representative must determine exactly what property makes up the estate.
  • Obtain death certificate: This must be obtained so that any property or assets of the estate can be legally transferred to the heirs.
  • Contact heirs: The heirs must be notified that the probate process has started.

Contact the Firm

Tanko Law Office maintains flexible hours to accommodate its clients in both Kalispell, Montana, and Nevada. Call 406-257-3711 or use the online contact form to schedule a free initial consultation with a lawyer at a time that is convenient for you.

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