While both probate and successor trustee sales are both the result of the passing of the owner, they are significantly different in their execution. 

Probate is the process of liquidating an estate where the previous owner did not identify an heir prior to passing. Probate is a necessary legal process to disperse the assets of a deceased person’s estate. It is often complicated and time-consuming. Heirs and other interested parties should know the basics about how probate works in Montana.

 

Unless the estate is in a living trust, it will need to go through probate in Montana. However, it may be eligible for informal probate, which allows for the executor to handle all of the processes without court intervention. All that is necessary is an affidavit to be presented to the court, but the estate must be worth less than $50,000. Formal probate is lengthier and more complex, but it also has two categories: supervised and unsupervised. With supervised probate, the court will oversee all actions of the executor.

 

Selling a home in probate is not quick, easy or inexpensive, which is why it pays to plan ahead. The approval process prior to listing and once an offer takes place can be 30-45 days and the whole process needs to be completed within 2 years of the date of death. Our team knows the probate process. We can work with your designated attorney to take as much of the burden off the executors shoulders as possible in this very difficult time.

 

There is no obligation to discuss your particular situation with an All Montana Team member. There is no cost. Although we don't provide legal advice, we can explain the process, discuss options to take to your probate attorney for further consideration.