Question 1

What makes a will valid in Montana?

Accepted Answer

Anyone 18 or older and of sound mind may make a will. A witnessed will must be in writing, signed by the person making it (or by someone else in their conscious presence and at their direction), and signed by at least two people who saw the signing or heard the person acknowledge the signature or the will.

Question 2

Is a handwritten will valid in Montana?

Accepted Answer

Yes. A will that is not properly witnessed is still valid as a holographic will, witnessed or not, if the signature and the material portions of the document are in the testator's handwriting.

Question 3

Does a will need to be notarized in Montana?

Accepted Answer

A will can be made self-proved, either when it is signed or later, by the testator's acknowledgment and the witnesses' affidavits sworn before a notary or other officer authorized to give oaths, using the statutory form.

Question 4

Who inherits if someone dies without a will in Montana?

Accepted Answer

Surviving spouse takes everything if the deceased left no descendants or parents, or if all the deceased's descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse takes: the first $300,000 plus 3/4 of the rest if there are no descendants but a parent survives; the first $225,000 plus 1/2 of the rest if all descendants are shared but the spouse has other descendants; or the first $150,000 plus 1/2 of the rest if the deceased has descendants who are not the spouse's. Whatever the spouse does not take goes to descendants; if none, to parents; then to brothers and sisters and their descendants; then half to paternal and half to maternal grandparents or their descendants; then to the closest relatives.

Question 5

What is a surviving spouse entitled to in Montana?

Accepted Answer

A surviving spouse of a Montana resident may elect to take 50% of the value of the marital-property portion of the augmented estate, with a supplemental amount that brings the spouse up to $75,000 if needed. The petition must be filed within 9 months after death or 6 months after the will is probated, whichever is later (an extension can be requested within the 9 months).

Question 6

What is the small estate limit in Montana?

Accepted Answer

30 days after death, a successor may collect money owed to the deceased, tangible personal property, and stock or other instruments by giving an affidavit stating that the probate estate, wherever located, less liens and encumbrances, is $100,000 or less, that 30 days have passed, that no personal representative has been applied for or appointed anywhere, and that the person is entitled to the property. The affidavit covers personal property only; it does not transfer real estate.

Question 7

Is there a simplified probate process in Montana?

Accepted Answer

If the inventory shows the whole estate, less liens, is no more than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses, and last-illness medical expenses, the personal representative may distribute it right away without notice to creditors and close by sworn statement. Montana also allows informal (non-hearing) probate and appointment through the clerk.

Question 8

How does probate work in Montana?

Accepted Answer

Typical steps: apply to the clerk for informal probate/appointment or petition the district court for formal proceedings; the personal representative files an acceptance (and bond if required) and receives letters; publish notice to creditors once a week for 3 weeks and mail notice to known creditors; prepare an inventory within 9 months of appointment and send it to interested persons who ask (or file it with the court); pay claims, expenses and taxes; distribute; and close the estate.

Question 9

How long do creditors have to file claims against an estate in Montana?

Accepted Answer

Creditors must present claims within 4 months after the first published notice, or for creditors mailed notice, the later of that 4 months or 30 days after mailing. In any case, claims that arose before death are barred 1 year after death if not presented earlier.

Question 10

Who can be an executor in Montana?

Accepted Answer

A personal representative must be at least 18 and not found unsuitable by the court. Priority goes first to the person named in the will, then the surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs, the public administrator, and after 45 days any creditor. No residency requirement appears in the qualification statute. Bond is generally not required in informal proceedings unless the will requires it or an interested person demands it; in formal proceedings the court may order bond.

Question 11

Does Montana allow transfer-on-death deeds?

Accepted Answer

Yes, under the Uniform Real Property Transfer on Death Act. The deed must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded with the county clerk and recorder where the land is located before the owner dies. The owner needs the same mental capacity as for a will. Notice to, acceptance by, or payment from the beneficiary is not required.

Question 12

What does a quitclaim deed need to be valid in Montana?

Accepted Answer

To be recorded, a deed must be acknowledged by the signer before a notary (or proved by a subscribing witness, notarized). Record it with the county clerk and recorder of the county where the property is located. A realty transfer certificate on the Department of Revenue form must be completed before the clerk will accept the deed for recording; failing to file it does not affect validity between the parties.

Question 13

What are the requirements for a power of attorney in Montana?

Accepted Answer

Montana uses the Uniform Power of Attorney Act and provides a statutory form. A power of attorney must be signed by the principal (or by someone in their conscious presence at their direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine. A power of attorney is durable unless it says it ends on incapacity. The statutory form does not cover health care decisions.

Question 14

What are the requirements for a health care directive in Montana?

Accepted Answer

Under the Montana Rights of the Terminally Ill Act, anyone 18 or older and of sound mind may sign a declaration (living will) about withholding or withdrawing life-sustaining treatment and may name another adult to make those decisions. It must be signed by the declarant (or another at their direction) and witnessed by two people. The statute includes optional forms.

Question 15

Does Montana have an estate or inheritance tax?

Accepted Answer

No inheritance tax. Montana's estate tax law only imposes a tax equal to the federal credit for state death taxes, so as a practical matter there is no separate Montana estate tax under current federal law.

Question 16

How do I make a living will in Montana?

Accepted Answer

Under the Montana Rights of the Terminally Ill Act, an individual of sound mind and 18 or older may sign a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant (or by another person at the declarant's direction) and witnessed by two individuals. The statute provides an optional 'Declaration' form, and the Montana courts publish an Advance Directive packet.

Question 17

How do I make a medical power of attorney in Montana?

Accepted Answer

In the same declaration, a Montana declarant may designate another individual of sound mind and 18 or older to make decisions about withholding or withdrawing life-sustaining treatment. The designation follows the same signing rules: signed by the declarant (or at their direction) and witnessed by two individuals. Health care providers may presume a declaration is valid absent actual notice otherwise.

Question 18

How do living trusts work in Montana?

Accepted Answer

Montana adopted the Uniform Trust Code (Mont. Code Ann. Title 72, Chapter 38). For trusts created by instruments signed on or after October 1, 1989, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Only property titled in the trust avoids probate.

Question 19

What does an executor have to do in Montana?

Accepted Answer

Within 30 days after appointment, the personal representative must inform heirs and devisees of the appointment (name and address, whether bond was filed, and the court where papers are filed). Notice to creditors is published once a week for 3 successive weeks; claims are due within 4 months after first publication (or 30 days after a mailed notice, if later). Within 9 months after appointment, the representative prepares an inventory of probate property at date-of-death value and sends it to heirs, devisees and unpaid creditors who request it, or files it with the court. Before closing, the representative files or delivers a sworn accounting. An unsupervised estate may be closed by verified statement no earlier than 6 months after appointment. If an estate is not closed within 2 years, the court may order the representative to show cause.

Question 20

How do I get letters testamentary in Montana?

Accepted Answer

Montana follows the Uniform Probate Code. A personal representative is appointed by the district court (formal proceedings) or the registrar (informal proceedings), qualifies by filing any required bond and a statement of acceptance, and is then issued letters. Priority for appointment goes first to a person named in the will, then the surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs and, after 45 days, a creditor. Bond is required only in limited cases, such as when the will requires it or an interested person demands it.

Question 21

Does Montana have an affidavit of heirship?

Accepted Answer

Montana has no general affidavit-of-heirship statute for real estate. Heirs are determined by the district court: a petition for formal probate of a will, or for adjudication of intestacy, asks for an order determining the heirs after notice and hearing.

Question 22

How can you avoid probate in Montana?

Accepted Answer

Non-probate options include: transfer on death deeds for real property (Mont. Code Ann. §§ 72-6-401 to 72-6-418); securities in transfer-on-death form under the Uniform TOD Security Registration Act (Title 72, Chapter 6, Part 3); vehicle and vessel beneficiary designations filed with the MVD on form MV13; revocable trusts (§ 72-38-602); and collection of personal property by affidavit, or vehicle title by non-probate transfer, when the entire estate is $100,000 or less (§ 72-3-1101).

Question 23

Where can I get a power of attorney form in Montana?

Accepted Answer

Montana has a statutory form for a financial power of attorney: the "Statutory Form Power of Attorney" in Mont. Code Ann. § 72-31-353 (Uniform Power of Attorney Act). The form covers property and finances only and says it does not authorize the agent to make health care decisions. It ends with a signature and acknowledgment block for a notary. For health care, Mont. Code Ann. § 50-9-103 (Rights of the Terminally Ill Act) provides optional declaration forms to direct withholding or withdrawal of life-sustaining treatment or to name another person to make those decisions; the declaration must be signed by the declarant (or by another person at the declarant's direction) and witnessed by two individuals.

Question 24

How do I search probate court records in Montana?

Accepted Answer

Probate cases are heard by the district court. By statute, the clerk of the district court in each county keeps a "Record of Probate Proceedings," indexed by the name of the deceased person or ward, and a "Register of Probate and Guardianship Proceedings" listing every paper filed and order made in each estate. To look up a probate case or will, contact the clerk of the district court in the county where the estate was opened.

Question 25

How do I transfer a car title after someone dies in Montana?

Accepted Answer

If the owner filed a Beneficiary Designation for Vehicle or Vessel Title (MV13), after all owners on the title have died the beneficiaries (all of them) apply for a title with copies of the owners' death certificates, an MV1 title application signed by all beneficiaries, and each beneficiary's ID; or they can sell the vehicle with an MV24 bill of sale signed by all beneficiaries. If there is no beneficiary and no executor or administrator has been appointed, and the entire estate (including the vehicle, less liens) is no more than $100,000, an heir may apply on the Application for Title by Non-Probate Transfer (MV12), with a title fee of $12.36 for light vehicles ($10.30 for others). Otherwise the vehicle is transferred by the court-appointed personal representative.

Requirements for a valid will	Anyone 18 or older and of sound mind may make a will. A witnessed will must be in writing, signed by the person making it (or by someone else in their conscious presence and at their direction), and signed by at least two people who saw the signing or heard the person acknowledge the signature or the will. Age and capacity rule is in § 72-2-521: https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0210/0720-0020-0050-0210.html Source: Mont. Code Ann. §§ 72-2-521, 72-2-522(1)
Handwritten (holographic) wills	Yes. A will that is not properly witnessed is still valid as a holographic will, witnessed or not, if the signature and the material portions of the document are in the testator's handwriting. Source: Mont. Code Ann. § 72-2-522(2)
Self-proving affidavit	A will can be made self-proved, either when it is signed or later, by the testator's acknowledgment and the witnesses' affidavits sworn before a notary or other officer authorized to give oaths, using the statutory form. Source: Mont. Code Ann. § 72-2-524

Probate steps	Typical steps: apply to the clerk for informal probate/appointment or petition the district court for formal proceedings; the personal representative files an acceptance (and bond if required) and receives letters; publish notice to creditors once a week for 3 weeks and mail notice to known creditors; prepare an inventory within 9 months of appointment and send it to interested persons who ask (or file it with the court); pay claims, expenses and taxes; distribute; and close the estate. Notice to creditors: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0080/section_0010/0720-0030-0080-0010.html Source: Mont. Code Ann. §§ 72-3-801, 72-3-607, 72-3-512
Simplified probate	If the inventory shows the whole estate, less liens, is no more than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses, and last-illness medical expenses, the personal representative may distribute it right away without notice to creditors and close by sworn statement. Montana also allows informal (non-hearing) probate and appointment through the clerk. Source: Mont. Code Ann. §§ 72-3-1103, 72-3-1104
Small estate affidavit	30 days after death, a successor may collect money owed to the deceased, tangible personal property, and stock or other instruments by giving an affidavit stating that the probate estate, wherever located, less liens and encumbrances, is $100,000 or less, that 30 days have passed, that no personal representative has been applied for or appointed anywhere, and that the person is entitled to the property. The affidavit covers personal property only; it does not transfer real estate. The limit was amended in 2023 (Ch. 453, L. 2023). Separately, the Department of Revenue may refund unclaimed property of $5,000 or less to a successor regardless of estate size. Source: Mont. Code Ann. § 72-3-1101
Deadline for creditor claims	Creditors must present claims within 4 months after the first published notice, or for creditors mailed notice, the later of that 4 months or 30 days after mailing. In any case, claims that arose before death are barred 1 year after death if not presented earlier. Source: Mont. Code Ann. §§ 72-3-801, 72-3-803
Who can be executor	A personal representative must be at least 18 and not found unsuitable by the court. Priority goes first to the person named in the will, then the surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs, the public administrator, and after 45 days any creditor. No residency requirement appears in the qualification statute. Bond is generally not required in informal proceedings unless the will requires it or an interested person demands it; in formal proceedings the court may order bond. Priority list: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0050/section_0020/0720-0030-0050-0020.html; bond: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0050/section_0130/0720-0030-0050-0130.html Source: Mont. Code Ann. §§ 72-3-501, 72-3-502, 72-3-513
Finding probate court records	Probate cases are heard by the district court. By statute, the clerk of the district court in each county keeps a "Record of Probate Proceedings," indexed by the name of the deceased person or ward, and a "Register of Probate and Guardianship Proceedings" listing every paper filed and order made in each estate. To look up a probate case or will, contact the clerk of the district court in the county where the estate was opened. Source: Mont. Code Ann. § 3-5-513

Financial power of attorney	Montana uses the Uniform Power of Attorney Act and provides a statutory form. A power of attorney must be signed by the principal (or by someone in their conscious presence at their direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine. A power of attorney is durable unless it says it ends on incapacity. The statutory form does not cover health care decisions. Statutory form: https://mca.legmt.gov/bills/mca/title_0720/chapter_0310/part_0030/section_0530/0720-0310-0030-0530.html. Durable by default: https://mca.legmt.gov/bills/mca/title_0720/chapter_0310/part_0030/section_0040/0720-0310-0030-0040.html Source: Mont. Code Ann. §§ 72-31-304, 72-31-305, 72-31-353
Health care directive	Under the Montana Rights of the Terminally Ill Act, anyone 18 or older and of sound mind may sign a declaration (living will) about withholding or withdrawing life-sustaining treatment and may name another adult to make those decisions. It must be signed by the declarant (or another at their direction) and witnessed by two people. The statute includes optional forms. The Montana courts' forms page links a separate health care power of attorney form from MSU Extension. Source: Mont. Code Ann. § 50-9-103
Official power of attorney forms	Montana has a statutory form for a financial power of attorney: the "Statutory Form Power of Attorney" in Mont. Code Ann. § 72-31-353 (Uniform Power of Attorney Act). The form covers property and finances only and says it does not authorize the agent to make health care decisions. It ends with a signature and acknowledgment block for a notary. For health care, Mont. Code Ann. § 50-9-103 (Rights of the Terminally Ill Act) provides optional declaration forms to direct withholding or withdrawal of life-sustaining treatment or to name another person to make those decisions; the declaration must be signed by the declarant (or by another person at the declarant's direction) and witnessed by two individuals. Health care declaration: https://mca.legmt.gov/bills/mca/title_0500/chapter_0090/part_0010/section_0030/0500-0090-0010-0030.html Source: Mont. Code Ann. §§ 72-31-353, 50-9-103

Living will / advance directive	Under the Montana Rights of the Terminally Ill Act, an individual of sound mind and 18 or older may sign a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant (or by another person at the declarant's direction) and witnessed by two individuals. The statute provides an optional 'Declaration' form, and the Montana courts publish an Advance Directive packet. Source: Mont. Code Ann. § 50-9-103
Medical power of attorney	In the same declaration, a Montana declarant may designate another individual of sound mind and 18 or older to make decisions about withholding or withdrawing life-sustaining treatment. The designation follows the same signing rules: signed by the declarant (or at their direction) and witnessed by two individuals. Health care providers may presume a declaration is valid absent actual notice otherwise. Source: Mont. Code Ann. § 50-9-103
Revocable living trust	Montana adopted the Uniform Trust Code (Mont. Code Ann. Title 72, Chapter 38). For trusts created by instruments signed on or after October 1, 1989, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Only property titled in the trust avoids probate. Source: Mont. Code Ann. § 72-38-602
Ways to avoid probate	Non-probate options include: transfer on death deeds for real property (Mont. Code Ann. §§ 72-6-401 to 72-6-418); securities in transfer-on-death form under the Uniform TOD Security Registration Act (Title 72, Chapter 6, Part 3); vehicle and vessel beneficiary designations filed with the MVD on form MV13; revocable trusts (§ 72-38-602); and collection of personal property by affidavit, or vehicle title by non-probate transfer, when the entire estate is $100,000 or less (§ 72-3-1101). Source: Mont. Code Ann. §§ 72-6-401 to 72-6-418, 72-6-301, 72-38-602, 72-3-1101

Executor's duties	Within 30 days after appointment, the personal representative must inform heirs and devisees of the appointment (name and address, whether bond was filed, and the court where papers are filed). Notice to creditors is published once a week for 3 successive weeks; claims are due within 4 months after first publication (or 30 days after a mailed notice, if later). Within 9 months after appointment, the representative prepares an inventory of probate property at date-of-death value and sends it to heirs, devisees and unpaid creditors who request it, or files it with the court. Before closing, the representative files or delivers a sworn accounting. An unsupervised estate may be closed by verified statement no earlier than 6 months after appointment. If an estate is not closed within 2 years, the court may order the representative to show cause. Creditor notice: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0080/section_0010/0720-0030-0080-0010.html; closing statement: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0100/section_0040/0720-0030-0100-0040.html Source: Mont. Code Ann. §§ 72-3-603, 72-3-801, 72-3-607, 72-3-1005, 72-3-1004, 72-3-1015
Letters testamentary	Montana follows the Uniform Probate Code. A personal representative is appointed by the district court (formal proceedings) or the registrar (informal proceedings), qualifies by filing any required bond and a statement of acceptance, and is then issued letters. Priority for appointment goes first to a person named in the will, then the surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs and, after 45 days, a creditor. Bond is required only in limited cases, such as when the will requires it or an interested person demands it. Part 5 index: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0050/sections_index.html Source: Mont. Code Ann. §§ 72-3-502, 72-3-512, 72-3-513
Affidavit / determination of heirship	Montana has no general affidavit-of-heirship statute for real estate. Heirs are determined by the district court: a petition for formal probate of a will, or for adjudication of intestacy, asks for an order determining the heirs after notice and hearing. Source: Mont. Code Ann. § 72-3-301
Transferring a car after death	If the owner filed a Beneficiary Designation for Vehicle or Vessel Title (MV13), after all owners on the title have died the beneficiaries (all of them) apply for a title with copies of the owners' death certificates, an MV1 title application signed by all beneficiaries, and each beneficiary's ID; or they can sell the vehicle with an MV24 bill of sale signed by all beneficiaries. If there is no beneficiary and no executor or administrator has been appointed, and the entire estate (including the vehicle, less liens) is no more than $100,000, an heir may apply on the Application for Title by Non-Probate Transfer (MV12), with a title fee of $12.36 for light vehicles ($10.30 for others). Otherwise the vehicle is transferred by the court-appointed personal representative. Beneficiary designation form and instructions: https://mvdmt.gov/wp-content/uploads/2026/08/MV13-Beneficiary-Designation-for-Vehicle-or-Vessel-Title-08.26F.pdf Source: Mont. Code Ann. § 72-3-1101; Montana MVD forms MV12, MV13

Montana Wills, Probate and Estate Law

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