Montana – Parker & Cole

FAQs for Montana Probate

Probate laws vary state to state so it is important that you understand the laws in your state.  There are key differences that make dealing with probate in Montana unique.

1. Can Probate be avoided in Montana?

In Montana, you can avoid Probate if you set up a trust for all of your assets. If there is no trust or other plans, the estate will enter the probate process in Montana which can be a long process.

https://www.nolo.com/legal-encyclopedia/montana-avoiding-probate-32001.html

2. How long does Probate Take in Montana?

The probate process in Montana can be frustratingly long. It can take anywhere from 9 months to over 2 years, depending upon the complexity of the estate, the number of heirs, and the speed of the local court administering the case. If the Will is being contested, probate can drag on for even longer – sometimes taking several years. And that was pre-pandemic so now we are seeing more delays. Parker & Cole can get you funded long before the probate process is completed.

3. How can I speed up the probate process in Montana?

Unfortunately, there is no real way to speed up the probate process, as it is required to go through the Courts which are currently backlogged. However, Parker & Cole can be the ideal solution to access a portion of your inheritance while you wait for the estate to close and disburse. The experienced professionals at Parker & Cole can guide you through the process making it easy to get the money you need as quickly as the same day.

4. Can I get a Probate Advance in Montana?

Yes. Parker & Cole works in all fifty states and in all of Montana’s counties, including, but not limited to the following:

  • Beaverhead County, MT
  • Big Horn County, MT
  • Blaine County, MT
  • Broadwater County, MT
  • Carbon County, MT
  • Carter County, MT
  • Cascade County, MT
  • Chouteau County, MT
  • Custer County, MT
  • Daniels County, MT
  • Dawson County, MT
  • Deer Lodge County, MT
  • Fallon County, MT
  • Fergus County, MT
  • Flathead County, MT
  • Gallatin County, MT
  • Garfield County, MT
  • Glacier County, MT
  • Golden Valley County, MT
  • Granite County, MT
  • Hill County, MT
  • Jefferson County, MT
  • Judith Basin County, MT
  • Lake County, MT
  • Lewis and Clark County, MT
  • Liberty County, MT
  • Lincoln County, MT
  • Madison County, MT
  • McCone County, MT
  • Meagher County, MT
  • Mineral County, MT
  • Missoula County, MT
  • Musselshell County, MT
  • Park County, MT
  • Petroleum County, MT
  • Phillips County, MT
  • Pondera County, MT
  • Powder River County, MT
  • Powell County, MT
  • Prairie County, MT
  • Ravalli County, MT
  • Richland County, MT
  • Roosevelt County, MT
  • Rosebud County, MT
  • Sanders County, MT
  • Sheridan County, MT
  • Silver Bow County, MT
  • Stillwater County, MT
  • Sweet Grass County, MT
  • Teton County, MT
  • Toole County, MT
  • Treasure County, MT
  • Valley County, MT
  • Wheatland County, MT
  • Wibaux County, MT
  • Yellowstone County, MT

5. Does Montana have an estate tax?

No, Montana does not have an estate tax. The following states do have an estate tax:

    • Connecticut
    • Illinois
    • Maine
    • Maryland
    • Minnesota
    • New York
    • Oregon
    • Rhode Island
    • Vermont
    • Washington (state)

6. Does Montana have an inheritance tax?

No, Montana does not have an inheritance tax. The following states do have an inheritance tax.

    • Iowa
    • Kentucky
    • Maryland
    • Nebraska
    • New Jersey
    • Pennsylvania