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Montana Statewide Probate Guide

Settling an estate after losing someone is difficult. This guide covers what’s consistent across the whole state – thresholds, deadlines, and costs. For your specific county’s District Court address and local filing details, see that county’s page.

Where Probate Happens

Montana probate is handled by the District Court in the county where the deceased lived. Montana adopted the Uniform Probate Code (Montana Code Annotated, Title 72), giving it a standardized, generally efficient probate system.

Step 1: Does The Estate Qualify For A Simplified Process?

Montana offers two small-estate tiers, with Montana’s short 30-day (some sources describe a 5-day option in certain circumstances) waiting period among the fastest in the country.

Collection of Personal Property by Affidavit (MCA § 72-3-1101)

  • Personal property only, not real estate.
  • Total estate value, less liens and encumbrances, must not exceed $50,000.
  • More than 30 days must have passed since the death.
  • No probate proceeding can already be open, and the person must have priority to serve as personal representative.
  • Filed with no court involvement – presented directly to whoever holds the property.
  • Must be filed within 3 years of the decedent’s death – Montana enforces this outer deadline.

Summary Administration Procedure – for larger small estates that still need court involvement

  • Available for estates valued at $100,000 or less.
  • A lighter-weight court process than full Informal or Formal Probate, though it still runs through the District Court.
  • Together, these two tiers mean a meaningful share of Montana estates – especially those consisting mostly of personal property and modest accounts – never need full probate at all.

STEP 2: INFORMAL OR FORMAL PROBATE (for larger or more complex estates)

  • Informal Probate – the most common track for uncontested estates, handled with minimal court involvement.
  • Formal Probate – court-supervised proceedings, used for contested or complex estates.
  • Creditor claims must generally be made within 4 months.

Transfer-On-Death Deeds

Montana authorizes Transfer-on-Death deeds for real property – a tool some families use ahead of time to keep a home out of probate entirely, separate from the small-estate procedures above.

Distinctive Feature: The Augmented Estate And Spousal Elective Share

Montana’s “augmented estate” rules give a surviving spouse a claim that reaches well beyond just probate assets – including revocable trusts and joint accounts. As of a 2023 expansion, retirement accounts (401(k)s, IRAs, and similar plans) are now included in this calculation too, closing what had been a loophole that allowed a spouse to be effectively disinherited by directing assets into tax-deferred accounts with non-spouse beneficiaries. This is worth flagging early in any estate involving a surviving spouse and significant non-probate assets.

Wills

Montana requires a will to be signed by two witnesses, or – if holographic (entirely handwritten) – the material portions must be entirely in the testator’s own handwriting, with no witnesses required.

Timeline

Small estate procedures can move relatively quickly once the waiting period passes. Informal probate is generally faster than formal probate since it avoids full judicial hearings; the 4-month creditor claim period sets a floor for most formal/informal estates.

Taxes

Montana has no state estate tax and no state inheritance tax. Only the federal estate tax could apply, and only to very large estates – the federal exemption is $15 million per individual for 2026.

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s District Court address, phone number, and local filing details, visit that county’s page.