Probate in Montana

Overview

Montana adopted the Uniform Probate Code (UPC) and offers a streamlined probate system administered through the District Court. The state provides both informal and formal probate proceedings, a small estate affidavit for personal property under $50,000, and summary administration for estates that do not exceed certain allowances. Montana does not impose a state estate or inheritance tax, and its informal probate process allows most estates to be administered with minimal court oversight.

Key Facts

• Governing Law: Montana Code Annotated, Title 72 (Estates, Trusts, and Fiduciary Relationships)
• Court: District Court
• Small Estate Threshold: $50,000
• Typical Timeline: 6 to 12 months for standard estates; simple estates may close in 4 to 6 months
• Follows UPC: Yes

What Makes Montana Unique

• Collection by Affidavit — Under Mont. Code Ann. § 72-3-1101, personal property valued at $50,000 or less (after liens and encumbrances) can be collected using an affidavit after a 30-day waiting period, completely bypassing the probate court process.
• Summary Administration — Mont. Code Ann. § 72-3-1103 provides a simplified process when the estate value does not exceed homestead allowance, exempt property, family allowance, costs of administration, funeral expenses, and medical expenses of the last illness.
• Small Estate Closing by Sworn Statement — Under Mont. Code Ann. § 72-3-1104, the personal representative can close the estate with a sworn statement rather than a formal accounting, reducing paperwork and court involvement for smaller estates.
• Informal Probate — Montana's UPC adoption allows most estates to proceed through informal probate, where the personal representative is appointed without a hearing and can manage the estate with minimal court oversight.
• No State Estate or Inheritance Tax — Montana does not impose a state estate or inheritance tax, simplifying estate administration and reducing overall costs for families.

Probate Process Steps

1. File application for informal probate or petition for formal probate with the District Court
2. Court issues letters testamentary or letters of administration to personal representative
3. Notify known heirs, beneficiaries, and interested parties
4. Publish notice to creditors in a newspaper of general circulation for three consecutive weeks
5. Inventory and value all estate assets within 3 months of appointment
6. Allow creditor claims period (4 months from first publication or 1 year from death, whichever is earlier)
7. Pay valid debts, taxes, and administration expenses
8. Manage and protect estate assets during administration
9. Prepare final accounting and proposed distribution plan
10. File closing statement or petition for formal closing and distribute remaining assets

Costs & Fees

Fee Structure: Montana does not have a statutory percentage-based fee schedule for attorney or personal representative compensation. Fees are based on reasonable compensation for services rendered. Attorney fees are typically charged hourly or as flat fees depending on estate complexity. Court filing fees in Montana are generally modest.

Typical Attorney Fees: $2,000 – $5,000 for standard estates; complex estates may exceed $8,000

Non-Lawyer Fees: $250 – $1,200 including court filing fees ($200–$300), publication costs ($100–$250), certified copies, and recording fees

Montana's informal probate process and lack of state estate tax keep costs relatively low compared to many other states. The small estate affidavit procedure involves minimal cost. Summary administration and closing by sworn statement further reduce expenses for qualifying estates.

Frequently Asked Questions