Probate in Montana: A Complete Guide

Montana has adopted the Uniform Probate Code and offers one of the more streamlined probate systems in the country. With no state estate tax and a UPC informal process handled administratively by the Clerk of District Court, Montana is one of the easier states for estate administration. This guide walks through every option.

Does Montana Always Require Probate?

No. Assets that pass outside of probate include those held in a revocable living trust, real estate transferred by a Transfer-on-Death Deed (Montana first authorized these as "beneficiary deeds" in 2007, then restructured them in 2019 under the Uniform Real Property Transfer on Death Act — older recorded beneficiary deeds remain valid), accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, and joint tenancy property with right of survivorship.

Montana's Small Estate Affidavit

For estates with a probate value of $100,000 or less (after liens and encumbrances), Montana allows a Small Estate Affidavit under Mont. Code Ann. § 72-3-1101. The affidavit can be used 30 days after death and is presented directly to whoever holds the asset — a bank, a transfer agent, or another custodian — rather than filed with the court. The successor must state that no personal representative has been appointed or is pending anywhere, and that they're entitled to the property.

Informal vs. Formal Probate

• Informal probate: Montana's preferred path for the vast majority of estates. Handled administratively by the Clerk of the District Court, without a hearing, when the application is unopposed and in proper form.
• Formal probate: Required when there's a will contest, disputed heirs, or other complications that need a judge's decision.

How to Open Informal Probate in Montana

1. File an Application for Informal Probate of Will and Informal Appointment of Personal Representative in the District Court of the county where the deceased was domiciled.
2. The Clerk of Court reviews the application — usually within a few weeks, since no hearing is required for an unopposed informal filing.
3. If approved, the Clerk issues Letters Testamentary (with a will) or Letters of Administration (without one).

Montana Personal Representative Compensation

Montana allows "reasonable compensation" for the personal representative under Mont. Code Ann. § 72-3-631. There is no statutory percentage or fee schedule — a 2019 amendment removed the older formula that had capped fees at 3% of the first $40,000 and 2% above that. In practice, Montana personal representatives and their attorneys typically negotiate compensation based on the estate's size and complexity, commonly in the range of 1–4% of estate value, though this is market practice rather than a statutory rate.

Creditor Claims in Montana

The personal representative may publish a Notice to Creditors once a week for three successive weeks in a newspaper of general circulation in the county, under Mont. Code Ann. § 72-3-801. Once published, creditors have 4 months from the date of first publication to present claims or be forever barred. The personal representative can also give direct written notice to known creditors, who then get the later of 4 months from publication or 30 days from the notice. If no notice is ever published, claims that arose before death are barred under § 72-3-803 after 1 year from the date of death regardless.

Intestacy in Montana

If there's no will, Montana's intestacy statute, Mont. Code Ann. § 72-2-112, sets the surviving spouse's share on a tiered basis:

• If there are no descendants or parents, or every descendant is shared with the spouse and the spouse has no other children, the spouse takes the entire estate.
• If there's no descendant but a surviving parent, the spouse takes the first $300,000 plus 3/4 of the balance.
• If every descendant is shared with the spouse but the spouse also has descendants who aren't the decedent's, the spouse takes the first $225,000 plus 1/2 of the balance.
• If any surviving descendant is not also the spouse's descendant (for example, children from a prior relationship), the spouse takes the first $150,000 plus 1/2 of the balance.

Montana Has No State Estate or Inheritance Tax

Montana has no state estate tax and no inheritance tax. Only the federal estate tax applies, with its exemption of $15 million per person for 2026. The large majority of Montana estates owe no estate or inheritance tax of any kind.