Montana Living Trust

Montana Probate Process — Best Proven Guide (2026)

By Oleg Kachko · Updated June 11, 2026

✓ Verified June 2026

This guide explains the Montana probate process in plain English — which court handles it, how long it takes, what it costs, and how families can sometimes skip it. All figures are from Montana law, verified as of June 2026.

Montana Probate at a Glance

Here are the key facts about the Montana probate process:

Court that handles probate District Court (Montana does not have a separate probate court; the Clerk of District Court in each county handles probate filings under the Uniform Probate Code)
Probate types available Informal probate (application handled by the Clerk of District Court without a hearing); Formal probate (petition heard by a District Court judge with notice to interested persons); Supervised administration (continuing court oversight until final distribution); Collection of personal property by affidavit (estates with personal property valued at 50000 or less, no real property); Summary administration for small estates
Typical timeline 6 to 12 months for a standard uncontested informal probate; creditors must be given 4 months after first publication of notice to submit claims; the personal representative may close the estate informally 6 months after appointment once the creditor period expires
Fastest option Collection of personal property by affidavit for estates with personal property valued at 50000 or less (no real property); available 30 days after death with no court filing required — can be completed in 1 to 2 months
Fee structure REASONABLE-FEE state; in 2019 the Montana Legislature eliminated the prior statutory percentage schedule for both personal representative and attorney compensation and replaced it with a reasonableness standard; the court considers the nature of the work, time, effort, difficulty, skills required, and customary community charges
Typical total cost 2 to 4 percent of the estate value for a straightforward informal probate including attorney and personal representative fees; attorney fees for a simple informal probate typically range from 2500 to 5000; complex or contested estates may cost 5000 to 12000 or more
Court filing fee 70 (per MCA 25-1-201 for filing an application for informal, formal, or supervised probate or appointment of a personal representative; some counties may charge additional local fees)
Executor compensation Reasonable compensation as determined by the court under MCA 72-3-631; factors include the nature of the work, time, effort, difficulty, skills required, customary community charges, and the personal representative’s experience and capabilities; prior to 2020 the statutory maximum was 3 percent of the first 40000 plus 2 percent of the balance, but that schedule was repealed in 2019; the court may allow additional compensation for extraordinary services but the additional amount may not exceed the original compensation
⚠ In Montana, you generally have 3 years from the date of death under MCA 72-3-122; no informal or formal probate proceeding may be commenced after 3 years; exceptions exist for cases previously dismissed due to doubt about the fact of death; the small estate affidavit must also be used within 3 years to open probate after a death. Do not wait until the last minute — gather the will and death certificate early.

How to Avoid Probate in Montana

Revocable living trust; Transfer-on-Death (TOD) deed (also called beneficiary deed, authorized under Montana law); joint tenancy with right of survivorship; payable-on-death (POD) bank accounts; beneficiary designations on retirement accounts and life insurance; small estate affidavit for personal property valued at 50000 or less

Out-of-state property (ancillary probate): Yes, Montana requires ancillary administration for real property located in Montana owned by a nonresident decedent; governed by MCA Title 72 Chapter 4 Part 4; likewise if a Montana decedent owns real property in another state, ancillary probate in that state may be necessary

Other Montana probate rules: Montana adopted the Uniform Probate Code (UPC), making probate generally less burdensome and less expensive than in non-UPC states; most Montana probates are handled informally without a court hearing; informal probate applications may be filed no sooner than 120 hours (5 days) after the decedent’s death;

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the personal representative must publish notice to creditors once a week for 3 consecutive weeks in a newspaper of general circulation in the county; creditors then have 4 months from first publication to submit claims; Montana has no state estate tax or inheritance tax; an estate may be opened formally and closed informally or vice versa, allowing flexibility;

the 2019 legislative changes (effective 2020) shifted both attorney and personal representative fees from statutory percentages to a reasonableness standard

Understanding the Montana Probate Process

The Montana probate process follows a clear sequence — open the case, appoint the executor, inventory assets, pay debts, then distribute what is left. How long the Montana probate process takes and what it costs depends on the type of probate the estate qualifies for, which is why the exact figures above matter.

Many families are relieved to learn the Montana probate process is simpler and cheaper than they feared, especially for smaller or well-planned estates. Your state probate court’s self-help center can guide an executor through the Montana probate process step by step.

You don’t have to do this alone

If you are settling a loved one’s estate in Montana, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

Official Montana Sources & Resources

This Montana probate guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Montana Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.