Misleading and Very Unlikely. There are rare circumstances where families and others clash for an extended period after a death. Such disputes can cause delays in the administration of either a probate or a living trust. In other circumstances, disputes with the Internal Revenue Service can cause delays . However in most circumstances the administration of a living trust is no more time efficient than the administration of a will in probate.
Probate requires court hearings.
Montana has adopted a simplified probate process under the Uniform Probate Code. These informal procedures, which account for more than 95 percent of Montana probates, involve no court hearing. Unfortunately, only 14 states have adopted the Uniform Probate Code. Thus, some of the criticisms of command delay are because of the probate procedures of other states, not the state of Montana. Everyone should have a living trust.