Misleading and very unlikely. There are rare circumstances where families and others clash for an extended period of time after a death. Such disputes can cause delays in the administration of either a probate or a living trust. In o ther 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 living trust.
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 fourteen states have adopted the Uniform Probate Code. Thus, some of the criticisms of cost a delay are legitimate in other states, but not in Montana. Everyone should have a living trust.