Montana probate guide

Probate process in Montana

Montana adopted the Uniform Probate Code. Probate is filed in the District Court of the county of domicile, with a base filing fee around $100. The small-estate affidavit (Affidavit for Collection of Personal Property) is available for estates of $50,000 or less, 30 days after death. Montana recognizes transfer-on-death deeds under Mont. Code Ann. § 72-6-401 et seq.

Montana probate at a glance

Court
District Court
Typical timeline
24–52 weeks
Filing fee
$100–$150
Small-estate threshold
$50,000
TOD deed allowed?
Yes
Bond required by default?
No
Statute
Mont. Code Ann. §§ 72-1-101 et seq. (Uniform Probate Code)

Source: courts.mt.gov. Fees and thresholds change — verify with your county court before filing.

How Montana probate works, step by step

  1. 1File application for informal probate with the District Court clerk
  2. 2Clerk appoints personal representative and issues letters
  3. 3Mail notice to heirs/devisees and publish creditor notice
  4. 4Inventory assets and pay debts, taxes, and allowances
  5. 5File closing statement after one year

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This page is informational and is not legal advice. Probate procedure varies by county and changes over time. Consult a licensed Montana probate attorney for advice specific to your situation.