How Probate Works in Montana
The probate process in Montana: the court, the steps, simplified options, creditor deadlines and who can serve as executor.
Short 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; Mont. Code Ann. §§ 72-3-801, 72-3-607, 72-3-512
| 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 |
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| 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. |
| 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. |
| 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 |
| 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 |
| 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 |
Official forms
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FAQ
How does probate work in Montana?
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.
Is there a simplified probate process in Montana?
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.
How long do creditors have to file claims against an estate in Montana?
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.
Who can be an executor in Montana?
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.
What is the small estate limit in Montana?
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.
How do I search probate court records in Montana?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.