If an unmarried parent has died without a Will and all heirs are in agreement, can the estate be settled with out involving a probate lawyer or judge?
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If an unmarried parent has died without a Will and all heirs are in agreement, can the estate be settled with out involving a probate lawyer or judge?
Asked on June 11, 2015 under Estate Planning, Montana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
I am so sorry for your loss. If a person dies with out a Will then it is known as dying intestate and the intestacy laws in our state - Montana - will apply.Generally speaking, you do not need a lawyer to probate the estate, but you can not trasnfer anything titled in the name of the decedent (your parent) without some one being appointed as the administrator or personal representative of the estate and court approval to do so. You can decide amongst yourselves who gets what and what percentage but there are also rules about disclaiming inheritance. Good luck.
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