Montana Probate Information
Quick facts
| Topic | Montana rule |
|---|---|
| Court | Probate is filed in the District Court. The District Court has original jurisdiction over all civil and probate matters, and exclusive jurisdiction of all probate matters (Mont. Code Ann. § 3-5-302, § 72-3-111). |
| County filing point | File with the clerk of district court in the county where the decedent had domicile at death. If the decedent was not domiciled in Montana, file in any Montana county where the decedent owned property (Mont. Code Ann. § 72-3-112). |
| Statewide structure | Montana has 56 District Courts, one in every county, grouped into 22 judicial districts served by 51 District Court Judges. A judicial district assigns district judges and local rules, not a different filing counter (Mont. Code Ann. § 3-5-101; courts.mt.gov). |
| Who handles informal probate | In an informal proceeding, the clerk of district court makes the statutory findings, may decline an application that does not meet them, and issues the statement of informal probate and the Letters (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225). |
| Main court routes | Informal probate starts with an application to the clerk. Formal probate starts with a petition to the court and notice to interested persons. Supervised administration is a separate route under Title 72, chapter 3, part 4 (Mont. Code Ann. § 72-1-103, § 72-3-301, § 25-1-201). |
| Earliest informal probate | The statement of informal probate or informal appointment cannot issue until at least 120 hours have elapsed since death. For a nonresident decedent, the clerk delays informal appointment until 30 days have elapsed unless the statute's exceptions apply (Mont. Code Ann. § 72-3-215, § 72-3-225). |
| Filing fee | $100.00 to commence informal, formal or ancillary probate, paid to the clerk of district court. The current 2025 Montana Code amount is the $70 probate filing fee, plus a $20 additional filing fee, plus a $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). |
| Personal property without probate | The Affidavit for Collection of Personal Property applies after 30 days if no appointment is pending or granted and the probate estate, wherever located and less liens and encumbrances, does not exceed $100,000. The ceiling was raised to $100,000 and the measure changed to the probate estate by Ch. 453, L. 2023 (Mont. Code Ann. § 72-3-1101). |
| Land | Montana has no affidavit route for land. Real property must pass through a probate route or through a nonprobate transfer, such as a transfer on death deed under Title 72, chapter 6 (Mont. Code Ann. § 72-6-415). |
| Creditor claims | The personal representative publishes notice to creditors once a week for 3 successive weeks. Claims are due within 4 months after the date of first publication, subject to the mailed-notice rule and the 1-year outer bar (Mont. Code Ann. § 72-3-801, § 72-3-803). |
| Inventory | The personal representative prepares an inventory within 9 months after appointment, with fair market value and encumbrance information for probate property. The inventory statute was amended by Ch. 564, L. 2023 (Mont. Code Ann. § 72-3-607). |
| Deadline to open | A probate generally may not be commenced more than 3 years after death, with statutory exceptions including a later title-confirming route and a 12-month window from informal probate for certain contests (Mont. Code Ann. § 72-3-122). |
| Taxes | Montana has no inheritance tax for deaths after January 1, 2001, and Montana has no estate tax for deaths after December 31, 2004. The Department of Revenue no longer requires a certificate or consent to close probate, but an estate may still need Form FID-3 for Montana fiduciary income tax (revenue.mt.gov). |
| Forms | The Montana Judicial Branch publishes statewide probate forms at courts.mt.gov/Forms/endoflife, including the informal-probate packet, the statement of informal probate, the Letters of Authority and the Affidavit for Collection of Personal Property packet. There is no statewide form for a formal proceeding (courts.mt.gov). |
| E-filing | The Judicial Branch states that e-filing is not available to self-represented litigants at this time. Attorneys may use electronic filing where the court and the DP probate case type are enabled (courts.mt.gov). |
| Case search | Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov for courts that have converted to FullCourt Enterprise. The Judicial Branch describes the public access portal as a courtesy, not a required statutory service, and availability should be checked with that county's clerk of district court (courts.mt.gov). |
| Remote appearance | Remote appearance is governed by the district judge and the judicial district's local rules. Montana has no statewide right to appear by video, although testimony may be allowed by contemporaneous transmission for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). |
Before you begin — know the assets and liabilities
Before you choose a Montana probate route, identify what the decedent owned, what was owed, and how each asset was titled. That matters because the Affidavit for Collection of Personal Property is measured against the probate estate, wherever located and less liens and encumbrances, and the ceiling was raised to $100,000 while the measure changed to the probate estate by Ch. 453, L. 2023 (Mont. Code Ann. § 72-3-1101). Property that passes by survivorship or beneficiary designation may not count, while land has no Montana affidavit route.
Estate settlement in Montana also runs on clocks. The affidavit cannot be used until 30 days after death, informal probate cannot issue until 120 hours after death, creditors get 4 months from the first publication of notice, the inventory is due within 9 months after appointment, and probate generally must be opened within 3 years (Mont. Code Ann. § 72-3-1101, § 72-3-215, § 72-3-801, § 72-3-607, § 72-3-122). Sunset's 2,300-institution asset discovery helps families find accounts, policies and titled property before they select the route.
Which court handles probate
Montana probate is organized by county, not by a separate estate-only court. The District Court has exclusive jurisdiction of all probate matters, and a will is proved and Letters are issued by the clerk of district court or the district judge (Mont. Code Ann. § 72-3-111, § 3-5-302). Montana's courts of limited jurisdiction, the Justice Court, City Court and Municipal Court that sit in the same counties, have no probate jurisdiction (Mont. Code Ann. § 3-10-301, § 3-11-102).
File in the District Court of the county where the decedent had domicile at death. If the decedent was not domiciled in Montana, the first informal or formal testacy or appointment proceeding may be filed in any Montana county where the decedent owned property at death. Later proceedings stay where the first proceeding occurred unless transferred, and if the first proceeding was informal the court may transfer the file after notice if venue belongs elsewhere (Mont. Code Ann. § 72-3-112).
Every Montana county has its own clerk of district court at the county courthouse. The clerk of district court is the filing point even when the county is part of a multi-county judicial district and the district judge sits in another county. A judicial district groups district judges and local rules; it does not move the filing counter out of the decedent's county (Mont. Code Ann. § 3-5-101).
| Judicial district | Counties |
|---|---|
| 1st | Lewis and Clark and Broadwater Counties |
| 2nd | Silver Bow County |
| 3rd | Deer Lodge, Granite and Powell Counties |
| 4th | Missoula and Mineral Counties |
| 5th | Beaverhead, Jefferson and Madison Counties |
| 6th | Park and Sweet Grass Counties |
| 7th | Dawson, McCone, Richland, Prairie and Wibaux Counties |
| 8th | Cascade County |
| 9th | Teton, Pondera, Toole and Glacier Counties |
| 10th | Fergus, Judith Basin and Petroleum Counties |
| 11th | Flathead County |
| 12th | Liberty, Hill and Chouteau Counties |
| 13th | Yellowstone County |
| 14th | Meagher, Wheatland, Golden Valley and Musselshell Counties |
| 15th | Roosevelt, Daniels and Sheridan Counties |
| 16th | Custer, Carter, Fallon, Powder River, Garfield, Treasure and Rosebud Counties |
| 17th | Phillips, Blaine and Valley Counties |
| 18th | Gallatin County |
| 19th | Lincoln County |
| 20th | Lake and Sanders Counties |
| 21st | Ravalli County |
| 22nd | Stillwater, Carbon and Big Horn Counties |
The probate process
- List the decedent's assets, debts, title documents, beneficiary designations and liens. In Montana, the route depends on whether property is in the probate estate, because the Affidavit for Collection of Personal Property uses a $100,000 probate-estate ceiling and the ceiling was raised to $100,000 while the measure changed to the probate estate by Ch. 453, L. 2023 (Mont. Code Ann. § 72-3-1101).
- Choose the route. If 30 days have passed, no appointment is pending or granted anywhere, the probate estate wherever located and less liens and encumbrances does not exceed $100,000, and only personal property is being collected, present the Affidavit for Collection of Personal Property to the bank, employer, transfer agent or other holder (Mont. Code Ann. § 72-3-1101). If land must be transferred, open an estate in District Court.
- Gather the certified death certificate, the original will if there is one, asset information and creditor information. For an informal route, prepare an application to the clerk of district court. For a formal route, prepare a petition to the court with notice to interested persons (Mont. Code Ann. § 72-1-103, § 72-3-301).
- File in the District Court of the county where the decedent had domicile, or if the decedent was not domiciled in Montana, in a county where the decedent owned property (Mont. Code Ann. § 72-3-112). A self-represented personal representative files on paper because the Judicial Branch states that e-filing is not available to self-represented litigants at this time (courts.mt.gov).
- Pay $100.00 to commence informal, formal or ancillary probate, paid to the clerk of district court, unless the court grants a waiver request. The current 2025 Montana Code amount is the $70 statutory probate fee, the $20 additional filing fee and the $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). The Judicial Branch publishes a fee waiver form at courts.mt.gov; ask the clerk of district court about requesting a waiver.
- For informal probate, wait until the statutory time has run. The clerk of district court or the district judge may issue the statement of informal probate and the Letters no earlier than 120 hours after the death; if the decedent was a nonresident, the clerk delays informal appointment until 30 days have elapsed unless the statutory exceptions apply (Mont. Code Ann. § 72-3-215, § 72-3-225). The Judicial Branch's statewide packet titles the authority document Letters of Authority (courts.mt.gov).
- Qualify before receiving Letters by filing any required bond and a statement of acceptance of the duties of the office (Mont. Code Ann. § 72-3-512).
- Give information of the appointment to heirs and devisees not later than 30 days after appointment, delivered or sent by ordinary mail to each whose address is reasonably available (Mont. Code Ann. § 72-3-603).
- Publish the notice to creditors. The personal representative, not the clerk, publishes once a week for 3 successive weeks in a newspaper of general circulation in the county, and creditor claims are due within 4 months after the date of first publication, with the mailed-notice rule and the outer bar in the nonclaim statute (Mont. Code Ann. § 72-3-801, § 72-3-803).
- Prepare the inventory within 9 months after appointment, listing probate property with date-of-death fair market value and encumbrance information. The personal representative either sends copies to persons entitled who request them or files the original with the court and sends copies to interested persons who request them. The inventory statute was amended by Ch. 564, L. 2023 (Mont. Code Ann. § 72-3-607).
- Pay allowed claims, expenses and any required taxes. Montana has no inheritance tax and Montana has no estate tax for current deaths, and the Department of Revenue no longer requires a certificate or consent to close probate, but the estate may still need a Montana fiduciary income tax return on Form FID-3 (revenue.mt.gov).
- Distribute and close the estate. If the estate qualifies for summary administration, the personal representative may disburse and distribute under that procedure and file a closing statement; that shortcut is based on the statutory allowances and expenses, not a dollar figure (Mont. Code Ann. § 72-3-1103, § 72-3-1104). If the clerk of district court declines the informal application, proceed through formal probate with notice.
Types of probate
| Route | When it fits | How it starts | What comes out | Cite |
|---|---|---|---|---|
| Informal probate and informal appointment | The usual route when venue is proper, the applicant has priority, the original will appears valid or intestacy is clear, and nobody is contesting. | A verified application to the clerk of district court in the county of the decedent's domicile. | The clerk of district court or the district judge signs the statement of informal probate and the Letters no earlier than 120 hours after death. | Mont. Code Ann. § 72-3-212, § 72-3-215, § 72-3-225 |
| Formal probate, formal testacy and formal appointment | The will is contested or defective, the clerk declined the informal application, priority is disputed, heirs must be determined, or an interested person wants a court order after notice. | A petition to the court, with notice of hearing to interested persons. | An order for formal probate from the district judge, and Letters on formal appointment. Montana provides a distinct route for uncontested cases at Mont. Code Ann. § 72-3-307. | Mont. Code Ann. § 72-3-301, § 72-3-302, § 72-3-303, § 72-3-305, § 72-3-307, § 72-3-313, § 72-3-319, § 72-3-321 |
| Supervised administration | A separate third route in which the district court supervises the administration. It is not a synonym for formal probate. | Under Title 72, chapter 3, part 4. The filing fee statute treats informal, formal and supervised probate as separate filings. | The district court supervises the administration under Title 72, chapter 3, part 4. | Mont. Code Ann. Title 72, ch. 3, part 4; Mont. Code Ann. § 25-1-201 |
| Affidavit for Collection of Personal Property | 30 days have passed since death, no appointment is pending or granted anywhere, the probate estate wherever located and less liens and encumbrances does not exceed $100,000, and the claiming successor is entitled to personal property. The ceiling was raised to $100,000 and the measure changed to the probate estate by Ch. 453, L. 2023. | The affidavit is presented to whoever holds the property. It is not a court filing. | Payment or delivery of the personal property to the claiming successor, and a transfer agent must change ownership of a security on presentation of the affidavit. | Mont. Code Ann. § 72-3-1101 |
| Summary administration and closing statement | Inside an opened estate, if the inventory and appraisal show that the entire estate, less liens and encumbrances, does not exceed the listed allowances, administration costs, funeral expenses and last-illness medical expenses. This route has no dollar figure. | The personal representative disburses and distributes under the summary administration procedure, then files a closing statement. | A verified closing statement. If no proceeding involving the personal representative is pending 1 year after the closing statement is filed, the appointment terminates. | Mont. Code Ann. § 72-3-1103, § 72-3-1104 |
| Nonprobate transfers | Property passes by survivorship, beneficiary designation, payable-on-death designation or transfer on death deed, and does not enter the probate estate. | Outside District Court. Montana's nonprobate transfer rules are in Title 72, chapter 6, and the transfer on death deed is addressed at Mont. Code Ann. § 72-6-415. | Transfer outside probate. A vehicle held in survivorship form is addressed through Form MV12, Application for Title of a Vehicle by Right of Survivorship. | Mont. Code Ann. Title 72, ch. 6; Mont. Code Ann. § 72-6-415 |
Executor duties
Executor duties in Montana
- Qualify before receiving Letters by filing any required bond and a statement of acceptance of the duties of the office (Mont. Code Ann. § 72-3-512).
- Use the Letters of Authority to show banks, transfer agents and others that the personal representative has authority to administer the estate. The Judiciary's statewide form uses the title Letters of Authority (courts.mt.gov).
- Give information of the appointment to heirs and devisees not later than 30 days after appointment, by delivery or ordinary mail to each whose address is reasonably available (Mont. Code Ann. § 72-3-603).
- Publish notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in the county. Creditors must present claims within 4 months after the date of first publication, and mailed-notice creditors get the later of 4 months from the published notice or 30 days from mailing (Mont. Code Ann. § 72-3-801).
- Prepare the inventory of probate property within 9 months after appointment, showing reasonable detail, fair market value as of the date of death, and any encumbrance. The personal representative either sends copies to persons entitled who request them or files the original with the court and sends copies to interested persons who request them. The inventory statute was amended by Ch. 564, L. 2023 (Mont. Code Ann. § 72-3-607).
- Handle taxes separately from Montana's no-death-tax rule. Montana has no inheritance tax and Montana has no estate tax for current deaths, but the estate may still need a Montana Income Tax Return for Estates and Trusts, Form FID-3, when a federal Form 1041 was filed and the decedent owned Montana property or had Montana-source income (revenue.mt.gov).
- For an estate that qualifies for summary administration, disburse and distribute under that procedure and file the closing statement described in the statute (Mont. Code Ann. § 72-3-1103, § 72-3-1104).
Forms and documents
Probate forms in Montana
The Montana Judicial Branch publishes statewide probate forms under the Wills, Trusts, Powers of Attorney, Estate Planning and Probate category at courts.mt.gov/Forms/endoflife. The statewide packet is written for informal probate and estate settlement. A formal proceeding uses a petition to the court with notice, but Montana does not publish a statewide formal-proceeding packet in the materials listed there (Mont. Code Ann. § 72-3-301; courts.mt.gov).
| Form or packet | Use |
|---|---|
| How to Administer a Small Estate Packet | Informal-probate packet containing the Application for Informal Probate, waiver or nomination of personal representative, statement of informal probate, Letters of Authority, Acceptance of Appointment, Notice to Heirs and Devisees and Inventory. The packet uses the actual Montana form titles for the statement and Letters (Mont. Code Ann. § 72-3-215; courts.mt.gov). |
| Affidavit for Collection of Personal Property Packet | Packet for the no-court personal-property route under Mont. Code Ann. § 72-3-1101. The affidavit is presented to whoever holds the property when 30 days have passed and the $100,000 probate-estate requirements, as changed by Ch. 453, L. 2023, are met. |
| Affidavit of Death | Statewide probate-library form published by the Judicial Branch (courts.mt.gov). |
| Fiduciary Statement | Statewide probate-library form published by the Judicial Branch (courts.mt.gov). |
| Declaration of Homestead Abandonment | Statewide probate-library form published by the Judicial Branch (courts.mt.gov). |
| Transfer on death deed form | The forms library links to a state-published optional transfer on death deed form. The transfer on death deed is a nonprobate transfer under Mont. Code Ann. § 72-6-415. |
The clerk of district court can give you forms and instructions on how to complete them, but the Judicial Branch's clerk guidance says the clerk cannot give legal advice, cannot fill out the forms for you except for persons with disabilities, and cannot tell you what corrections to make (courts.mt.gov).
Fees
The statewide probate filing fee is $100.00 to commence informal, formal or ancillary probate, paid to the clerk of district court. The current 2025 Montana Code amount is the sum of the $70 statutory probate fee, a $20 additional filing fee and a $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). The same statewide fee line also applies to guardianship and conservatorship commencement, but this page addresses probate.
| Charge | Amount | Authority |
|---|---|---|
| Probate commencement, informal, formal or ancillary | $100.00 | $70 plus $20 plus $10 (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317) |
| Foreign probate with certificate | $85 | $55 plus the same $20 and $10 additions, current in the 2025 Montana Code (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317) |
| Copies of papers on file | $1 per page for the first 10 pages of each file for each request, then 50 cents per additional page | Current in the 2025 Montana Code (Mont. Code Ann. § 25-1-201) |
| Copies by facsimile, e-mail or other electronic means | 25 cents per page | Current in the 2025 Montana Code (Mont. Code Ann. § 25-1-201) |
| Certificate with seal | $2 | Current in the 2025 Montana Code (Mont. Code Ann. § 25-1-201) |
| Record search | $2 per name per year for up to 7 years, plus $1 per name per additional year | Current in the 2025 Montana Code (Mont. Code Ann. § 25-1-201) |
| Filing a pleading by facsimile or e-mail | 50 cents per page | Current in the 2025 Montana Code (Mont. Code Ann. § 25-1-201) |
The Judicial Branch publishes a fee waiver form at courts.mt.gov; ask the clerk of district court about requesting a waiver. The Affidavit for Collection of Personal Property is presented to the holder of the property rather than filed in District Court, so it carries no court filing charge (Mont. Code Ann. § 72-3-1101).
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
- Montana places probate in the District Court, with exclusive jurisdiction of all probate matters in that court and original jurisdiction over all civil and probate matters (Mont. Code Ann. § 72-3-111, § 3-5-302).
- In informal probate, the clerk of district court does more than receive papers. The clerk makes the findings required by statute, may decline an application that does not meet them, and issues the statement of informal probate and the Letters (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225).
- The authority document in the Judicial Branch's statewide packet is titled Letters of Authority, while the statute also uses the bare word letters (Mont. Code Ann. § 72-3-512; courts.mt.gov).
- Informal probate and informal appointment cannot issue until 120 hours after death, and a nonresident decedent's informal appointment has a 30-day delay unless the statute's exceptions apply (Mont. Code Ann. § 72-3-215, § 72-3-225).
- The $100,000 Affidavit for Collection of Personal Property route is measured against the probate estate, net of liens and encumbrances, and that ceiling was raised while the measure changed to the probate estate by Ch. 453, L. 2023 (Mont. Code Ann. § 72-3-1101).
- Montana has no affidavit route for land. A house that must pass through the estate points the family toward a District Court probate or a nonprobate transfer such as a transfer on death deed (Mont. Code Ann. § 72-6-415).
- Summary administration is a closing shortcut inside an opened estate. It is keyed to the allowances and expenses listed in the statute, not to a dollar figure, and it uses a closing statement (Mont. Code Ann. § 72-3-1103, § 72-3-1104).
- The inventory is due within 9 months after appointment, not after death, and the personal representative may either send copies to those entitled who request them or file the original with the court and send copies to interested persons who request them. The inventory statute was amended by Ch. 564, L. 2023 (Mont. Code Ann. § 72-3-607).
- The personal representative, not the clerk, publishes notice to creditors once a week for 3 successive weeks, starting the 4-month claim period (Mont. Code Ann. § 72-3-801).
- The $100.00 probate commencement charge is one figure built from three separate statutes, paid to the clerk of district court (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317).
Small-estate alternatives
Montana's out-of-court small estate route is the Affidavit for Collection of Personal Property. It may be used 30 days after death if no application or petition for appointment of a personal representative is pending or granted in any jurisdiction, the claiming successor is entitled to payment or delivery, and the value of the probate estate wherever located, less liens and encumbrances, does not exceed $100,000. The ceiling was raised to $100,000 and the measure changed to the probate estate by Ch. 453, L. 2023 (Mont. Code Ann. § 72-3-1101).
The affidavit is presented to the person or institution holding the property, such as a bank, employer or transfer agent. It is not filed in District Court. A transfer agent of a security must change registered ownership on presentation of the affidavit. The same section allows the Department of Revenue to refund unclaimed property of $5,000 or less to a successor regardless of the value of the estate (Mont. Code Ann. § 72-3-1101).
The affidavit route is for personal property. Montana has no affidavit route for land. A vehicle held in survivorship form is handled through the Application for Title of a Vehicle by Right of Survivorship, Form MV12, rather than through the affidavit packet (courts.mt.gov).
Summary administration is different. It is a closing shortcut inside an estate that has already been opened. If the inventory and appraisal show that the entire estate, less liens and encumbrances, does not exceed the homestead allowance, exempt property, family allowance, administration costs, funeral expenses and last-illness medical expenses listed in the statute, the personal representative may disburse and distribute immediately and file a closing statement. This procedure has no dollar figure (Mont. Code Ann. § 72-3-1103, § 72-3-1104).
Recent updates
| Change | When | What it means |
|---|---|---|
| Affidavit for Collection of Personal Property ceiling and measure changed | Ch. 453, L. 2023 | The ceiling was raised to $100,000 and the measure changed to the probate estate, wherever located and less liens and encumbrances, so nonprobate transfers do not count against that ceiling (Mont. Code Ann. § 72-3-1101). |
| Inventory statute amended | Ch. 564, L. 2023 | The inventory of probate property is due within 9 months after appointment, with date-of-death fair market value and encumbrance information. The personal representative may either send copies to those entitled who request them or file the original with the court and send copies to interested persons who request them (Mont. Code Ann. § 72-3-607). |
| FullCourt Enterprise conversion continues | Published by the Montana Judicial Branch as 53 of 56 courts converted | District Court Public Access Portal availability follows the state's conversion to FullCourt Enterprise, and the Judicial Branch describes the public access portal as a courtesy rather than a required statutory service (courts.mt.gov). |
| E-filing enablement continues by court and case type | Montana Judicial Branch E-Filing Bulletin Board through July 2026 | Attorneys may file electronically where the court and DP probate case type are enabled. E-filing is not available to self-represented litigants at this time (courts.mt.gov). |
Scenarios
| Scenario | Montana path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with title. If the home passes by survivorship, it is not part of the probate estate for the $100,000 Affidavit for Collection of Personal Property ceiling, as changed by Ch. 453, L. 2023 (Mont. Code Ann. § 72-3-1101). If the remaining personal property qualifies and 30 days have passed, the affidavit may collect it without opening a District Court estate. If title must be cleared through the estate, Montana has no affidavit route for land, so the spouse uses informal probate or formal probate. Montana has no inheritance tax and Montana has no estate tax for current deaths (revenue.mt.gov). | Sunset identifies accounts, policies, debts and title facts so the family can decide whether the home and accounts are inside the probate estate, then organizes the estate settlement materials around the correct Montana route. |
| Out-of-state adult child with a small estate | If 30 days have passed, no appointment is pending or granted anywhere, and the probate estate wherever located and less liens and encumbrances does not exceed $100,000, the Affidavit for Collection of Personal Property is presented to the holder of personal property rather than filed with a court (Mont. Code Ann. § 72-3-1101). If Letters are needed, file in the county of the decedent's domicile or, for a decedent not domiciled in Montana, a county where property was located (Mont. Code Ann. § 72-3-112). A self-represented filer uses paper because e-filing is not available to self-represented litigants at this time (courts.mt.gov). | Sunset helps locate accounts and confirm whether a probate estate exists, then prepares the family to use the affidavit packet or to open informal probate with the clerk of district court. |
| Parent settling a predeceased child's estate, home must be sold | A home that must pass through the estate means an estate is opened because Montana has no affidavit route for land. The personal representative publishes notice to creditors once a week for 3 successive weeks, and claims are due within 4 months after first publication, subject to the nonclaim statute (Mont. Code Ann. § 72-3-801, § 72-3-803). Information of appointment is due to heirs and devisees not later than 30 days after appointment, and the inventory is due within 9 months after appointment with fair market value and encumbrance information (Mont. Code Ann. § 72-3-603, § 72-3-607). | Sunset helps assemble the asset list, creditor information, inventory support and local attorney connection that matter when real property must be transferred or sold during estate settlement. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Help Program, Montana Supreme Court | Free statewide help for civil, non-criminal legal problems. The program says it cannot give legal advice or represent you in court, but it can provide legal information and direct you to resources (courts.mt.gov). | (406) 841-2975, listed on courts.mt.gov/Forms/endoflife |
| Self-Help Law Centers | The Judicial Branch lists six staffed Self-Help Law Center locations in Cascade, Flathead, Gallatin, Missoula, Lewis and Clark through the State Law Library in Helena, and Yellowstone, plus rural appointment locations in Havre and Glendive. Readers elsewhere use the statewide Court Help Program and State Law Library resources (courts.mt.gov). | See courts.mt.gov/SelfHelp/ for current locations and appointment information. |
| Montana Judicial Branch probate forms | Statewide forms under the Wills, Trusts, Powers of Attorney, Estate Planning and Probate category, including the informal-probate packet and the Affidavit for Collection of Personal Property packet (courts.mt.gov). | courts.mt.gov/Forms/endoflife |
| Montana District Court Public Access Portal | Case search for district courts that have converted to FullCourt Enterprise. The Judicial Branch describes the public access portal as a courtesy rather than a required statutory service (courts.mt.gov). | dcportal.pubcourts.mt.gov |
| Montana Judicial Branch Court Locator | Finds the District Court, clerk of district court and contact details for the county where the estate is filed (courts.mt.gov). | courts.mt.gov/CourtLocator/ |
| What Clerks can and cannot do | Judicial Branch guidance explaining that clerks can provide forms and general information, but cannot give legal advice, fill out forms except for persons with disabilities, or tell a party what corrections to make (courts.mt.gov). | courts.mt.gov/External/dcourt/docs/can_cannot.doc |
| Montana Legal Services Association | Statewide civil legal aid provider. Its current site notes reduced staffing and delayed response times, and taking any particular estate matter is not guaranteed. Montana Legal Services Association also publishes MontanaLawHelp.org (mtlsa.org). | HelpLine 1-800-666-6899; online application at mtlsa.org/apply-for-services/ |
| MontanaLawHelp.org | Public self-help library from Montana Legal Services Association, including life and estate planning materials linked from the Judicial Branch forms page. | montanalawhelp.org |
| Legal Services Developer Program | Program named on the Judicial Branch forms page as a legal service provider and publisher of plain-language end-of-life forms (courts.mt.gov). | 1 (800) 332-2272 |
| Lawyer Referral Information Service, State Bar of Montana | The Judicial Branch names the State Bar of Montana referral service for people seeking an attorney (courts.mt.gov). | (406) 449-6577 |
| Probate in Montana, MSU Extension MontGuide | Plain-language university extension guide linked from the Judicial Branch forms page. Use MontGuide materials for orientation, not as the source for deadlines or figures (extension-store.montana.edu). | extension-store.montana.edu/products/probate-in-montana |
When to hire an attorney
How Sunset helps in Montana
Find the accounts and assets. Sunset helps families identify accounts, insurance, debts and titled property so they can decide whether the property is in the probate estate, whether the $100,000 Affidavit for Collection of Personal Property route fits after Ch. 453, L. 2023, and whether a District Court estate is needed (Mont. Code Ann. § 72-3-1101).
Generate the probate packet. Montana's statewide forms focus on informal probate and the personal-property affidavit, while formal probate proceeds by petition with notice. Sunset organizes the family information, asset list and supporting paperwork around the correct Montana route and the Judicial Branch's form titles, including the statement of informal probate and Letters of Authority (Mont. Code Ann. § 72-3-215; courts.mt.gov).
Find a local probate attorney. Montana has no affidavit route for land, and real property often turns a simple estate settlement into a court filing. Sunset helps families connect with a vetted Montana probate attorney when a home must be transferred or sold, when creditors are disputed, or when informal probate is declined.
Sunset is free for families. Sunset assembles estate settlement tasks, asset discovery and attorney options in one place so families can move from uncertainty to the correct Montana probate route without paying Sunset.
Frequently asked questions
Where do I file probate in Montana?
File in the District Court of the county where the decedent had domicile at death. If the decedent was not domiciled in Montana, file in any Montana county where the decedent owned property at death. The filing goes to that county's clerk of district court (Mont. Code Ann. § 72-3-112, § 3-5-302).
Is there a separate estate court in Montana?
No. The District Court has exclusive jurisdiction of all probate matters, and a will is proved and Letters are issued by the clerk of district court or the district judge (Mont. Code Ann. § 72-3-111, § 3-5-302). The Justice Court, City Court and Municipal Court are courts of limited jurisdiction and do not handle estate filings (Mont. Code Ann. § 3-10-301, § 3-11-102).
What is the difference between informal and formal probate in Montana?
Informal probate starts with an application to the clerk of district court. The clerk makes the required findings, may decline the application, and issues the statement of informal probate and the Letters if the requirements are met (Mont. Code Ann. § 72-3-212, § 72-3-214, § 72-3-215, § 72-3-225). Formal probate starts with a petition to the court, notice to interested persons, and proceedings before the district judge; Montana also provides a distinct route for uncontested formal cases (Mont. Code Ann. § 72-3-301, § 72-3-307).
How soon after death can probate start in Montana?
Informal probate and informal appointment cannot issue until at least 120 hours have elapsed since death (Mont. Code Ann. § 72-3-215, § 72-3-225). If the decedent was a nonresident, the clerk delays informal appointment until 30 days have elapsed unless the statutory exceptions apply (Mont. Code Ann. § 72-3-225). A probate generally may not be commenced more than 3 years after death, subject to the statute's exceptions (Mont. Code Ann. § 72-3-122).
How much does it cost to file probate in Montana?
The statewide fee is $100.00 to commence informal, formal or ancillary probate, paid to the clerk of district court. The current 2025 Montana Code amount is $70 under the probate filing fee statute, plus $20 as an additional filing fee, plus a $10 court information technology user surcharge (Mont. Code Ann. § 25-1-201, § 25-1-202, § 3-1-317). Copies, certifications and record search charges are separate (Mont. Code Ann. § 25-1-201).
Can I avoid probate in Montana with an affidavit?
Yes, for personal property only. The Affidavit for Collection of Personal Property can be presented after 30 days if no appointment is pending or granted and the probate estate wherever located, less liens and encumbrances, does not exceed $100,000. The ceiling was raised to $100,000 and the measure changed to the probate estate by Ch. 453, L. 2023 (Mont. Code Ann. § 72-3-1101). Montana has no affidavit route for land.
Does Montana have an inheritance tax or estate tax?
Montana has no inheritance tax for deaths after January 1, 2001, and Montana has no estate tax for deaths after December 31, 2004. The Department of Revenue no longer requires a certificate or consent to close probate or transfer securities. An estate may still need a Montana fiduciary income tax return on Form FID-3 if a federal Form 1041 was filed and the decedent owned Montana property or had Montana-source income (revenue.mt.gov).
Can I file probate papers online in Montana?
If you are self-represented, file on paper. The Judicial Branch states that e-filing is not available to self-represented litigants at this time (courts.mt.gov). Attorneys may use electronic filing where the court and the DP probate case type are enabled under the Montana Temporary Electronic Filing Rules.
Can I appear by phone or video in a Montana probate matter?
Remote appearance depends on the district judge and the judicial district's local rules. Montana has no statewide right to appear by video, but a court may permit testimony by contemporaneous transmission from another location for good cause in compelling circumstances (Mont. R. Civ. P. 43(a)). Ask the clerk of district court what the local rules require.
How do I look up a Montana probate case?
Montana publishes a District Court Public Access Portal at dcportal.pubcourts.mt.gov for courts that have converted to FullCourt Enterprise. The Judicial Branch describes the public access portal as a courtesy, not a required statutory service (courts.mt.gov). If online information is not enough, the clerk can perform a record search for $2 per name per year for up to 7 years and $1 per name per additional year (Mont. Code Ann. § 25-1-201).
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.