Probate representation guided by more than twenty years of legal experience.
The death of a family member is often accompanied by legal obligations that must be attended to at a difficult time. Probate is the court-supervised process by which a person’s affairs are settled after death, and most Montana estates pass through some form of it. Silverman Law Office, PLLC is a Billings, MT probate lawyer families have relied on since 2012 for assistance with personal representatives, beneficiaries, and heirs throughout probate administration. We can help you understand the process, the deadlines that apply, and the steps that should be taken first.
Probate Lawyer Billings, MT
Probate is the legal process through which a deceased person’s property is identified, debts and taxes are paid, and remaining assets are distributed to the proper heirs or beneficiaries. In Montana, probate proceedings take place in district court, with the personal representative carrying out the work under the court’s supervision. Not all of a decedent’s property must pass through probate, however, as assets such as property held in trust, jointly owned property with right of survivorship, and accounts with valid beneficiary designations typically transfer outside the process. Many of those arrangements are put in place during a person’s lifetime through estate planning, which can reduce the assets that must pass through probate court.
Types of Probate Cases We Handle in Billings
Our Billings probate attorneys work with personal representatives, executors, heirs, and beneficiaries across the range of matters that arise after a death. Some cases involve routine administration, while others require litigation when family disagreements, missing documents, or contested wills are involved. The matters our firm handles most frequently include the following:
- Informal probate. Most Montana estates with valid wills and cooperative families qualify for informal proceedings, which involve less court oversight and tend to move more efficiently. We assist personal representatives in meeting the statutory requirements and completing the administration.
- Formal probate. When disputes arise, when a will is challenged, or when the estate involves unusual assets, formal probate brings the matter under closer judicial supervision. Our attorneys handle both petitions for formal proceedings and defenses against them.
- Intestate succession. When a person dies without a valid will, Montana law determines who inherits. We assist heirs in establishing their rights and personal representatives in administering intestate estates.
- Small estate proceedings. Montana permits a simplified procedure for estates falling under a statutory dollar threshold. Where the value of probate assets is modest, the small estate affidavit procedure can resolve matters within weeks rather than months.
- Probate litigation. Disputes over the validity of a will, claims of undue influence or lack of capacity, and challenges to amendments often require litigation. Our firm represents both parties seeking to set aside a will and those defending one.
- Executor and trustee defense. Personal representatives and trustees occasionally face claims that they have mismanaged the estate or breached their duties. We represent fiduciaries in responding to and defending such claims.
- Beneficiary representation. Heirs and beneficiaries sometimes need their own counsel when distributions are delayed, accountings are incomplete, or the personal representative is not communicating. We work with beneficiaries to enforce their rights.
- Trusts. Trusts created during life often still require formal administration after death, including notice to beneficiaries, asset distribution, and final tax filings. We advise trustees on those obligations.
- Tax matters in probate. Estates with substantial assets, business interests, or property in other states may trigger federal estate tax, fiduciary income tax, or both. Our firm coordinates the tax filings that accompany probate.
Why Choose Silverman Law Office, PLLC as my Probate Lawyer in Billings, MT?
A Practice Built on Two Decades of Montana Law
Joel Silverman founded Silverman Law Office, PLLC in 2012, drawing on more than twenty years of legal experience advising individuals, families, and businesses. He holds a J.D. and an LL.M. in Taxation from the University of San Diego School of Law, the advanced taxation credential that distinguishes the firm’s approach to estate and probate matters with tax implications. Joel is admitted to the State Bar of Montana, the U.S. District Court for the District of Montana, and the U.S. Tax Court. The firm has grown to include more than ten attorneys, with offices in Bozeman, Helena, Big Timber, Butte, and Billings.
Probate, Tax, and Business Knowledge Under One Roof
A probate matter rarely confines itself to a single area of law, given that an estate may include real property, a closely held business, retirement accounts, oil and gas interests, and tax exposure at both federal and state levels. Our firm advises on each of these areas as part of its broader practice, so probate work is not separated from tax filings or from the business succession questions that may arise. For executors and beneficiaries, that coordination tends to reduce the number of advisors involved and the delays that occur when separate firms must communicate about the same estate.
Understanding Probate Cases
Steps in Montana Probate
Although every estate is different, most probate matters follow a recognizable sequence:
- Filing the petition: A petition is filed in district court asking the court to admit any will and to appoint a personal representative.
- Notice to interested parties: Heirs, beneficiaries, and known creditors are notified of the proceeding.
- Inventory of assets: The personal representative identifies and values the decedent’s property.
- Creditor claims: Creditors present claims within a statutory window, which are then evaluated and either paid or contested.
- Tax filings: Income tax returns for the decedent and the estate are prepared, together with any required estate tax returns.
- Distribution: Remaining assets are distributed according to the terms of the will or, where none exists, under the laws of intestate succession.
- Closing the estate: A final accounting is prepared, distributions are documented, and the personal representative is discharged.
The work requires close coordination between the personal representative, the court, and the relevant tax authorities. The difficulty of navigating probate increases when family disputes, missing documents, or unusual assets are involved, and Montana’s intestate succession rules apply when no valid will exists.
What Are Important Aspects of a Probate Case?
The complexity of a probate matter generally depends on the size of the estate, the nature of the assets, and the relationships among the parties with an interest in the outcome. Common factors that shape a case include:
- Whether the decedent left a valid will
- The presence of real property, business interests, or out-of-state assets
- Outstanding debts, mortgages, or pending litigation involving the decedent
- Disagreements among beneficiaries or between beneficiaries and the personal representative
- Estate tax exposure and required federal or state tax filings
- The capacity and availability of the named personal representative
Decisions made early in the process can affect what is required later. The role of the executor is one of the most consequential, since the appointed individual is responsible for nearly every step of the administration.
What Is the Probate Case Timeline?
Probate timelines vary considerably based on the complexity of the estate and the level of cooperation among interested parties:
- Filing and appointment. From the filing of the petition through the court’s appointment of the personal representative typically takes several weeks.
- Notice and creditor period. Montana law sets a statutory window during which creditors may present claims against the estate, and that period runs from the date notice is published.
- Administration. Asset collection, valuation, and management of estate affairs may extend over several months or longer if business interests or real property are involved.
- Tax filings. Final income tax returns for the decedent and the estate must be filed according to federal and state deadlines.
- Distribution and closing. Once debts and expenses are resolved, distributions are made and the estate is formally closed.
A straightforward informal probate frequently concludes within roughly a year of opening. Estates involving litigation, contested claims, or unusual assets often require considerably longer, and the costs of probate tend to rise with complexity.
What Should You Bring to Your Probate Consultation?
To make the initial meeting useful, clients are generally asked to bring whatever documentation is available. This often includes:
- A certified death certificate, or a copy if the certified version is not yet available
- The original will, any codicils, and any prior drafts that may exist
- Trust documents, if a trust was created during the decedent’s life
- A list of the decedent’s assets, including real property, financial accounts, and personal items of significant value
- Information about outstanding debts and ongoing financial obligations
- The names and addresses of known beneficiaries and heirs
- Any prior probate filings or correspondence with the court
The first meeting is generally aimed at understanding the decedent’s situation, identifying which procedure applies, and outlining what the personal representative will be required to do.
What Are Important Montana Legal Resources for Probate Cases?
Probate proceedings in Montana take place in the state’s district courts under the framework set out in Title 72 of the Montana Code Annotated. The resources below may assist clients in researching the rules that govern probate and the federal requirements that accompany it:
- The Montana Code at Title 72, Chapter 3 contains the state’s probate provisions, including procedures for both informal and formal administration.
- The Montana District Courts page identifies the trial courts in which probate matters are filed, including the 13th Judicial District serving Yellowstone County.
- The IRS Form 1041 information page explains the federal income tax return required for estates and trusts.
- The Social Security Administration describes the survivor benefits that may be available after the death of a spouse or parent.
- The American Bar Association Real Property, Trust and Estate Law section publishes guidance on probate and related matters.
These sources are intended as general reference and are not a substitute for advice from an attorney familiar with the specific circumstances of the estate.
Reach Out to Silverman Law Office, PLLC to Schedule a Consultation
If you have recently lost a family member and are uncertain about what to do next, our Billings, MT probate attorneys can help you understand the process and the role you are being asked to fill. The firm advises personal representatives and beneficiaries on probate matters across Montana. Contact us to schedule a consultation and discuss the steps appropriate to your situation.
