Montana Probate Guide
If you've just lost someone and are facing the Montana probate process — this guide walks you through what it costs, how long it takes, the exact filings Montana requires, and whether you can avoid formal probate entirely.
Typical Timeline
6–12 months
Uncontested formal probate
Small Estate Threshold
$100,000
Collection of Personal Property by Affidavit (MCA § 72-3-1101)
Court
District Court
Filing fee: $90–$180
Executor Commission
Reasonable fee
~$25,000 on a $1M estate
Montana probate is required when the decedent's solely-owned probate assets exceed $100,000 or include real estate not held in a trust, joint tenancy, or covered by a recorded TOD deed. Montana has adopted the Uniform Real Property TOD Act, allowing real estate to pass outside probate when properly documented.
Montana informal probate under the UPC typically closes in 6–12 months. The 4-month creditor claim period (after notice) is the primary timing constraint. Summary administration for estates under $100,000 can wrap up in 2–4 months; supervised or contested matters extend longer.
Montana's Collection of Personal Property by Affidavit (MCA § 72-3-1101) allows qualifying estates to skip formal probate.
| If the death occurred… | Small estate threshold |
|---|---|
| Current threshold under MCA § 72-3-1101 | $100,000 |
| Historical threshold prior to recent amendment | $50,000 |
Montana's small estate affidavit under MCA § 72-3-1101 applies when the value of the entire probate estate (less liens and encumbrances) does not exceed $100,000. The affidavit may be used 30 days after death and is presented directly to asset-holders — no court filing required.
Under MCA § 72-3-631, a personal representative is entitled to 'reasonable compensation' for services. Montana's 2019 update removed the previous percentage-based fee formula. The court considers time spent, complexity, results, and customary local rates.
Example: An estate valued at $1,000,000 would yield an executor commission of approximately $25,000.
Attorney fees:
Attorney fees in Montana probate are also 'reasonable' under MCA § 72-3-633, with no statutory percentage. Typical Montana probate attorney fees run $2,500–$7,500 for routine informal cases.
Multiple co-executors:
When co-personal representatives serve, total reasonable compensation is generally divided among them rather than paid in full to each.
Statute: MCA § 72-3-631 (personal representative); § 72-3-633 (attorney)
Under MCA § 72-3-606, no bond is required for personal representatives appointed in informal proceedings unless requested by an interested person or the will requires it. The court may order bond in supervised or formal proceedings.
Statute: MCA § 72-3-606
Montana has no state estate tax and no inheritance tax. Only the federal estate tax applies. The 2026 federal exemption is $15 million per individual and $30 million per married couple under the One Big Beautiful Bill Act (signed July 2025), with portability between spouses.
Montana is a separate-property state that has adopted the UPC's augmented-estate elective share. Under MCA § 72-2-221, a surviving spouse may elect to take an elective share of the marital-property portion of the augmented estate, scaling from 3% after 1 year of marriage up to 50% after 15+ years. Spouses are also entitled to a $22,500 homestead allowance, family allowance, and exempt property allowance.
Montana's Medicaid Estate Recovery Program, administered by DPHHS, pursues recovery against the probate estates of recipients aged 55+ who received nursing facility, HCBS waiver, or related long-term care services. Recovery is deferred while a surviving spouse or minor/disabled child lives, and the program waives recovery in undue-hardship cases. Montana also files TEFRA liens against nursing-home residents' homes during life in some cases. Montana applies the federal 5-year (60-month) lookback.
Montana adopted the Uniform Real Property TOD Act, codified at MCA §§ 72-6-401 through 72-6-418. A TOD deed must be signed, notarized, and recorded with the county clerk and recorder BEFORE the owner's death — failure to record makes the deed ineffective. The deed is fully revocable during life and avoids probate at death.
Statute: MCA §§ 72-6-401–418
The full Montana executor checklist has 23 milestones: 8 specific to Montana law (shown below — filings, forms, and court interactions tied to Montana statutes) and 15 universal duties that apply in every state (expandable at the end of the list). The same item never appears in both groups.
Obtain certified death certificates
Order at least 10-12 certified copies of the death certificate from the Montana Department of Public Health and Human Services, Office of Vital Statistics. These are required by the district court, financial institutions, insurance companies, and government agencies.
Locate and review the will
Search for the decedent's original will and any codicils. Montana has adopted the Uniform Probate Code (MCA Title 72), providing flexible probate procedures including informal and formal administration tracks.
Determine administration type and file petition
Montana's UPC-based system offers informal probate (handled by the clerk without a hearing), formal probate (requires a court hearing), and supervised administration. Qualifying small estates in personal property may use a simplified collection by affidavit procedure under MCA 72-3-1101. File with the district court in the county where the decedent resided.
Notify financial institutions
Send certified copies of the death certificate and Letters to all banks, brokerage firms, insurance companies, and retirement account custodians. Request date-of-death valuations. Montana may involve ranch land, mineral rights, and agricultural assets requiring specialized valuation.
File final personal income tax return (Form 1040 and Montana Form 2)
File the decedent's final federal income tax return (Form 1040) and Montana individual income tax return (Form 2) for the period from January 1 through the date of death. Montana imposes a graduated income tax. A surviving spouse may file jointly for the year of death.
File estate income tax return (Form 1041 and Montana Form FID-3) if applicable
If the estate earns more than $600 in gross income during administration, file federal Form 1041 and Montana Fiduciary Income Tax Return (Form FID-3). The estate is a separate taxpayer.
File estate tax return (Form 706) if applicable
If the gross estate exceeds the federal estate tax exemption, file federal Form 706 within nine months of death. Montana does not impose a separate state estate or inheritance tax. Form 706 may be filed for portability.
Distribute residuary estate to beneficiaries
After all debts, taxes, expenses, and specific bequests have been satisfied, distribute the remaining estate assets to the residuary beneficiaries as directed by the will or Montana intestacy law (MCA 72-2-112). Montana provides the surviving spouse a homestead allowance, family allowance, and exempt property right. Obtain signed receipts from all beneficiaries.
Secure estate property and valuables
Immediately secure the decedent's residence by changing locks if necessary. Safeguard valuables such as jewelry, cash, important documents, firearms, and collectibles. If the home will be vacant, arrange for regular checks, maintain climate control, and notify the homeowner's insurance carrier of the vacancy. Secure vehicles, safe deposit boxes, and storage units. Document the condition of all property with photographs.
Receive Letters Testamentary or Letters of Administration
After appointment, Letters are issued. Under informal proceedings, Letters may be issued without a hearing. The personal representative must accept appointment and may need to post a bond. Obtain multiple certified copies.
Notify the Social Security Administration
Report the death to the Social Security Administration at 1-800-772-1213 if the funeral home has not already done so. Benefits received after the date of death must be returned. Surviving spouses and dependent children may be eligible for survivor benefits.
Cancel services, subscriptions, and forward mail
Forward the decedent's mail through USPS to the executor's address or a secure location to capture bills, tax documents, and creditor correspondence. Cancel or transfer utilities (electric, gas, water, internet, phone), streaming services, gym memberships, magazine subscriptions, and other recurring payments. Notify the landlord if the decedent rented. Cancel the decedent's driver's license, voter registration, and passport to help prevent identity theft.
Publish notice to creditors
Publish a Notice to Creditors in a newspaper of general circulation in the county, as required by MCA 72-3-801. Creditors have four months from the date of first publication to present their claims. Also mail notice to all known creditors.
Open an estate bank account
Obtain an EIN from the IRS via Form SS-4 and open a checking account in the name of the estate. All estate income and expense payments should flow through this account.
File IRS Form 56 (Notice of Fiduciary Relationship)
File IRS Form 56 to notify the IRS that you are acting as the fiduciary (executor or administrator) for the decedent's estate. This establishes your authority to receive the decedent's tax information, file returns on their behalf, and correspond with the IRS regarding estate matters. File this form promptly after receiving Letters.
Maintain insurance and pay ongoing estate expenses
Review and maintain all insurance policies on estate property, including homeowner's insurance, auto insurance, and any umbrella liability coverage. Lapsed coverage during administration can expose the estate to significant liability. Continue paying ongoing obligations from the estate bank account: mortgage or rent, property taxes, HOA fees, storage unit fees, and essential maintenance. Keep detailed records of all payments for the final accounting.
File inventory of estate assets
Prepare and file an inventory of all estate assets within three months of appointment. The inventory must include all real and personal property, including any agricultural land, mineral rights, and water rights, with date-of-death fair market values. Send copies to interested persons.
Handle digital assets and online accounts
Identify and secure the decedent's digital assets, including email accounts, social media profiles, cloud storage, cryptocurrency wallets, online banking, and digital subscriptions. Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs fiduciary access to digital accounts. Check the decedent's devices, password managers, and records for account credentials. Contact service providers to memorialize or close accounts as appropriate.
File claims against life insurance and benefits policies
File claims on all life insurance policies, accidental death policies, and any other insurance or death benefits payable to the estate or named beneficiaries. Provide certified death certificates and completed claim forms to each insurance carrier. Note that policies with named beneficiaries generally pass outside of probate directly to the beneficiary, but proceeds payable to the estate must be inventoried.
Review and pay valid creditor claims
Evaluate all claims within the four-month creditor period. Pay valid claims from estate funds in the statutory order of priority: costs of administration, funeral expenses, debts with federal preference, taxes, and all other claims.
Distribute specific bequests
Distribute any specific gifts or bequests identified in the will, such as jewelry, heirlooms, specific dollar amounts, or particular assets to named beneficiaries. Obtain signed receipts from each beneficiary. Ensure adequate reserves are maintained for taxes, administration costs, and any pending creditor claims before making distributions.
File closing statement or petition for court order
Under informal proceedings, the personal representative may close the estate by filing a Closing Statement under MCA 72-3-1003. Under supervised administration, a petition for final distribution and discharge must be filed. Send copies to all interested persons.
Close the estate bank account
After all distributions are complete, close the estate bank account. Confirm all checks have cleared and the balance is zero. Retain financial records for at least five years.
Non-Montana residents who die owning Montana real estate generally require an ancillary probate in the Montana district court of the county where the property is located, unless the property was covered by a recorded Montana TOD deed.
Montana informal probate under the UPC typically takes 6–12 months, driven by the 4-month creditor claim period. Summary administration for small estates can close in 2–4 months. Supervised or contested matters extend to 12–18+ months.
District court filing fees for probate run approximately $90–$180. Personal representative and attorney fees are 'reasonable' under MCA § 72-3-631 (no statutory percentage). Typical total professional costs run $2,500 for simple informal estates to $10,000+ for formal or contested matters.
Montana's small estate affidavit under MCA § 72-3-1101 applies when the entire probate estate (less liens and encumbrances) is $100,000 or less. The affidavit may be used 30 days after death and is presented directly to asset holders — no court filing required.
Informal probate of uncontested estates can often be handled pro se in Montana, especially small estates qualifying for the affidavit. An attorney becomes important for formal proceedings, will contests, supervised administration, and ancillary real estate matters.
Yes — common Montana probate-avoidance tools include revocable trusts, Transfer on Death deeds for real estate (MCA §§ 72-6-401–418), joint tenancy with right of survivorship, payable-on-death accounts, and beneficiary designations.
MCA § 72-2-525 requires a will custodian to deliver it 'with reasonable promptness' to a court or person able to probate it. Montana does not set a specific day count. Informal probate generally must be opened within 3 years of death.
No. Montana has no state estate tax and no inheritance tax. Only the federal estate tax applies, with a 2026 exemption of $15 million per individual and $30 million per married couple under the One Big Beautiful Bill Act.
Yes — Montana has adopted the Uniform Real Property Transfer on Death Act under MCA §§ 72-6-401 through 72-6-418. A properly executed, notarized, and RECORDED TOD deed transfers Montana real estate outside probate at death and remains revocable during the owner's life.
This page is informational, not legal advice. Probate rules, thresholds, fees, and tax exemptions change. For your specific situation, consult a licensed Montana probate attorney.