A Streamlined Approach to Settling Estates
When someone passes away, their assets need to be legally transferred. At Hathaway Law Group, we guide Montana families through informal probate and small estate administration — for cases where there's no dispute and everyone is in agreement.
THE BASICS
What is Probate?
Probate is the court-supervised legal process of validating a will, settling debts, and distributing assets.
It also starts a clock on creditors — giving them a limited window to make claims, which can protect your family from ongoing pursuit of debts.
Filing the wrong type of probate — even with the best intentions — can turn a simple affidavit into a year-long formal proceeding. Getting guidance before you start is almost always the smarter choice.
What We Handle
We handle informal and small estate probate only. If your situation involves contested parties or disputes, we'll be upfront and help connect you with the right resources.
Small Estate Administration
If the estate falls below Montana's small estate threshold, heirs may claim assets through a simple affidavit — bypassing formal probate entirely. We'll tell you right away if you qualify.
Affidavit Process · Fastest Path
Informal Probate
For estates that don't qualify for the affidavit process but where all parties agree, informal probate is the appropriate path. We handle the paperwork and timeline — you don't have to navigate it alone.
No Dispute Required · All Parties in Agreement
NO SURPRISES
Transparent Pricing
We offer transparent pricing based on the complexity of the estate. We provide a personalized estimate after your initial consultation — the first conversation is always free.
1
Free consultation — we learn about the estate and what you need
2
We determine the right process and provide a personalized estimate
3
You decide. No pressure. We begin only when you're ready.
Why act sooner rather than later?
Creditor claim windows are time-limited — probate starts that clock
Filing the wrong process can add months and significant cost
Assets remain frozen until the process is completed
The best way to help your family avoid probate?
A properly funded estate plan. Ask us about wills, trusts, and transfer-on-death designations.
Why Choose Informal Probate?
Informal probate is a more efficient and cost-effective way to settle an estate when:
There are no disputes among heirs or beneficiaries
The will (if one exists) is valid and uncontested
All parties agree on how the estate should be distributed
By choosing informal probate, you minimize court involvement and expedite the administration process. We offer this as a package deal, with transparent pricing based on the complexity of the estate—not just the dollar amount.
Frequently Asked Questions
