Losing a loved one is never easy, and dealing with the legal process that follows can feel overwhelming. Probate is the court-supervised process of managing a deceased person’s estate—paying debts, transferring property, and making sure everything is handled according to Montana law.
At Wall, McLean & Gallagher, our probate attorneys in Helena guide families through this process with clarity and compassion. We help you understand each step, handle the necessary filings, and resolve disputes when they arise, so you can focus on your family during a difficult time.
Probate is often required when someone passes away owning property in their name alone. It ensures that:
Assets are identified and valued.
Creditors and taxes are paid.
Remaining property is transferred to heirs or beneficiaries.
While probate can sound intimidating, our attorneys make the process as efficient as possible. In many cases, Montana offers simplified probate procedures for smaller estates, which we can help you navigate.
Every estate is different. Some require only a few filings, while others involve complex assets or disputes among heirs. Our Helena probate lawyers provide support tailored to your situation, including:
We prepare and file the necessary paperwork with Montana courts and guide you through your duties as a personal representative (executor).
Our team helps locate, secure, and assess the value of property, including real estate, bank accounts, investments, and personal belongings.
We ensure that debts, final expenses, and any state or federal taxes are handled properly before property is distributed.
Whether distribution is based on a will, trust, or Montana’s intestacy laws (when no will exists), we make sure property transfers are completed correctly.
Family disagreements sometimes arise during probate. Our attorneys work to resolve disputes through negotiation or, if necessary, in court.
Probate law varies from state to state, and Montana has its own set of rules. Some important things to know include:
Small Estates: Estates valued under a certain threshold may qualify for a simplified process.
Timeframes: Montana law requires probate to be opened within three years of death.
Intestacy Rules: If there is no will, the state determines who inherits property—often beginning with the spouse and children.
Because each situation is unique, having an attorney familiar with Montana’s probate system can save time, reduce costs, and prevent mistakes.
Families in Helena and across Montana rely on us because we combine deep legal knowledge with a compassionate, client-first approach. We understand that probate is not just a legal process—it’s a personal one that affects your family’s future. When you work with our probate lawyers, you can expect:
Guidance through every step of the probate process.
Clear explanations without legal jargon.
Practical solutions that fit your situation.
Support during disputes to help preserve family relationships.
Our goal is to shoulder the legal burden so you can focus on what matters most—your loved ones.
While probate happens after a death, estate planning takes place beforehand. A strong estate plan can reduce or even avoid the need for probate, saving time and costs for your family. Our firm handles both, so we can help you prepare now and guide your family later if probate becomes necessary.
If you’ve lost a loved one and need guidance through probate, we’re here to help. At Wall, McLean & Gallagher, our Helena probate attorneys assist families across Montana with compassion and care. Call our office or request a consultation online to speak with an attorney about your situation. We’ll walk you through what to expect, answer your questions, and handle the details so you can move forward with peace of mind.
How long does probate take in Montana?
The timeline varies. Some estates can be wrapped up in a few months, while more complex estates may take a year or longer.
Do all estates go through probate?
Not always. Property held in joint ownership, payable-on-death accounts, and trust assets usually bypass probate. Smaller estates may qualify for a simplified process.
What happens if there’s no will?
If someone dies without a will, Montana’s intestacy laws determine who inherits property. Typically, assets go to the spouse and children first, but extended relatives may also inherit if no immediate family exists.
Do I need a lawyer for probate?
Probate can be confusing, especially if disputes arise or the estate includes real estate, business interests, or significant assets. An experienced lawyer can help you avoid costly mistakes and keep the process moving smoothly.
