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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 5 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption