Overview
Montana adopted the Uniform Probate Code (UPC) under Montana Code Annotated, Title 72, making its probate system standardized and efficient. Probate cases are handled by the district courts in each county.
Montana offers several probate options:
- Small Estate Affidavit — for estates with total property valued at $50,000 or less, allowing collection of personal property without opening a probate case (available just 5 days after death)
- Summary Administration — a streamlined court process for estates valued at $100,000 or less
- Informal Probate — the most common track for uncontested estates, handled with minimal court involvement
- Formal Probate — court-supervised proceedings for contested or complex estates
Montana does not impose a state estate tax or inheritance tax, which simplifies administration for most families. Only the federal estate tax applies for very large estates.
Montana's small estate affidavit is notable for its very short 5-day waiting period — one of the shortest in the country.
When Probate is Required
Probate is required in Montana when a decedent owned assets in their sole name that do not transfer automatically at death. Common examples include:
- Real property titled solely in the decedent's name or as tenants in common
- Bank accounts and investments without payable-on-death (POD) or transfer-on-death (TOD) designations
- Vehicles and titled personal property in the decedent's sole name
- Business interests including ranch and farm operations
- Mineral rights held individually
Probate is generally not required for:
- Joint tenancy property — passes automatically to the surviving joint tenant(s)
- Beneficiary-designated assets — life insurance, retirement accounts, POD/TOD accounts
- Property held in a revocable living trust
- Small estates valued at $50,000 or less — handled with a small estate affidavit
Montana's UPC framework and generous small estate options allow many families to avoid full probate.
Small Estate Options
Montana provides a small estate affidavit process (MCA 72-3-1101) for collecting personal property without formal probate.
Eligibility requirements:
- The total value of the estate must not exceed $50,000
- At least 5 days must have passed since the decedent's death (one of the shortest waiting periods in the country)
- No application or petition for appointment of a personal representative is pending or has been granted
How the process works:
- The successor prepares an Affidavit for Collection of Personal Property of Decedent
- The affidavit is signed under oath
- The completed affidavit is presented directly to banks, financial institutions, or others holding the decedent's property
- The institution must release the property to the affiant
Summary administration for estates under $100,000:
For estates valued at $100,000 or less, Montana also offers a summary administration procedure. The personal representative files a closing statement with a sworn statement that the estate qualifies, allowing for a streamlined closing process.
Important limitations:
- The standard small estate affidavit is primarily for personal property
- The affiant becomes personally liable for claims and debts up to the value received
- For real property, formal probate or a trust may be needed
Step-by-Step Process
1. Determine the appropriate probate track
Assess the estate's value and circumstances. Use the small estate affidavit for estates under $50,000. Use summary administration for estates under $100,000. Use informal probate for uncontested estates of any size.
2. File the application or petition
For informal probate, file an application with the district court in the county where the decedent was domiciled. The filing fee is approximately $100. For formal probate, file a petition with the district court.
3. Appointment of personal representative
In informal probate, the court reviews the application and issues Letters appointing the personal representative without a hearing.
In formal probate, the court schedules a hearing and appoints the personal representative after notice.
4. Accept appointment
File the Acceptance of Appointment to formally accept the role.
5. Publish notice to creditors
Publish a Notice to Creditors in a newspaper of general circulation. Creditors have the later of 4 months from first publication or 1 year from the date of death to present claims.
6. Notify known creditors
Mail or deliver written notice to all known creditors.
7. Collect and inventory assets
Gather all estate assets and prepare a comprehensive inventory, including ranch land, livestock, and mineral rights common in Montana estates.
8. Pay debts, claims, and taxes
Review and pay valid creditor claims in priority order. File the decedent's final income tax returns. Montana has no state estate tax.
9. File the closing statement
For informal probate, file a Closing Statement after all debts are paid and assets distributed.
10. Distribute assets to beneficiaries
Distribute remaining assets according to the will or Montana's intestacy laws. Obtain receipts from beneficiaries.
Timeline & Costs
Typical timeline:
- Small estate affidavit: Days to weeks (available just 5 days after death)
- Summary administration: 4 to 8 months
- Informal probate: 6 to 12 months
- Formal probate: 9 to 18 months
Court filing fees:
- Small estate affidavit: $0 (no court filing)
- Informal or formal probate: approximately $100
Personal representative compensation:
Montana allows reasonable compensation for the personal representative.
Attorney fees:
Montana probate attorneys typically charge between $2,500 and $5,000 for straightforward informal probate, and $5,000 to $12,000+ for complex proceedings. Hourly rates generally range from $200 to $350 per hour.
Additional costs:
- Newspaper publication: $50 to $200
- Certified copies: $5 to $15 per copy
- Appraisal fees: varies by asset type
- Recording fees for real property: varies by county
Required Forms
Montana probate forms are available from the Montana Judicial Branch and local district court offices. Key forms include:
Starting the case:
- Application for Informal Probate of Will (testate)
- Application for Informal Appointment (intestate)
- Acceptance of Appointment
Letters of authority:
- Letters Testamentary — authority for the executor
- Letters of Administration — authority for the administrator
Creditor notices:
- Notice to Creditors — published in a newspaper
Small estate:
- Affidavit for Collection of Personal Property of Decedent — available from the state law library or the district court for $1
Closing:
- Closing Statement — filed to close informal probate
- Summary Administration Closing Statement — for estates under $100,000
Executor Duties
In Montana, the estate administrator is called the personal representative. Their fiduciary duties include:
Immediate responsibilities:
- File the will with the district court
- Apply for appointment as personal representative
- File the Acceptance of Appointment
- Obtain Letters Testamentary or Letters of Administration
- Secure and protect all estate assets
Administrative duties:
- Open an estate bank account
- Publish the Notice to Creditors
- Mail notice to all known creditors
- Maintain detailed records of all transactions
Financial obligations:
- Collect and inventory all estate assets, including ranch land and mineral rights
- File the decedent's final income tax returns
- Review and pay valid creditor claims
- Pay estate administration expenses
Distribution and closing:
- Distribute assets according to the will or Montana intestacy laws
- Obtain signed receipts from beneficiaries
- File the Closing Statement
Unique State Rules
5-day waiting period for small estate affidavit
Montana's small estate affidavit can be used just 5 days after death — one of the shortest waiting periods in the country. Most states require 30 days. This allows families to begin collecting personal property almost immediately.
UPC state
Montana adopted the Uniform Probate Code, providing standardized procedures emphasizing informal proceedings and reduced court involvement.
No state estate tax or inheritance tax
Montana does not impose a state estate tax or inheritance tax. Only the federal estate tax applies for very large estates.
Summary administration for estates under $100,000
In addition to the small estate affidavit ($50,000), Montana offers summary administration for estates up to $100,000. This provides a middle ground between the affidavit process and full probate.
Ranch and agricultural considerations
Montana's economy includes significant agriculture and ranching. Ranch land, livestock, water rights, and mineral rights are common probate assets requiring specialized valuations.
Low filing fees
Montana's $100 filing fee for probate is among the more affordable in the country.
4-month creditor claim period
Creditors have 4 months from first publication of the notice to present claims, with an outer limit of one year from the date of death.
How SwiftProbate Helps
Montana's probate system — with its UPC framework, multiple probate tracks, and agricultural considerations — requires careful navigation. SwiftProbate generates a tailored roadmap for your specific Montana estate.
What SwiftProbate does for Montana estates:
- Determines the right track — evaluates whether your estate qualifies for the small estate affidavit ($50,000), summary administration ($100,000), or informal/formal probate
- Confirms no state tax obligations — verifies that no Montana estate or inheritance tax applies
- Generates Montana-specific deadlines — including the 4-month creditor claim period
- Creates asset-specific task lists — with steps for ranch land, mineral rights, financial accounts, and vehicles
- Identifies the correct forms — maps your situation to Montana's probate forms
Start with a free account to get your Phase 1 estate administration checklist, covering the essential first steps for opening and managing a Montana estate.