Montana Families Face Probate Without Estate Planning

What Happened

Montana Elder Law recently highlighted the significant challenges Montana families face when passing away without proper estate planning structures in place. The firm's analysis reveals that estates without trusts must navigate Montana's probate system under the Montana Uniform Probate Code, creating delays and expenses that could otherwise be avoided.

The analysis emphasizes that probate in Montana involves court supervision for validating wills, paying debts, and transferring property to heirs. During this process, families often experience limited access to assets they need most while court fees, attorney fees, and administrative costs reduce the estate's value. The firm notes that even joint ownership and beneficiary designations, while helpful in some situations, create their own complications and cannot provide comprehensive estate planning protection.

Montana Elder Law's assessment underscores that trusts offer a fundamentally different approach by transferring assets directly to beneficiaries without court involvement. When assets are properly placed in a trust during someone's lifetime, they bypass probate entirely, allowing successor trustees to distribute assets according to the grantor's instructions without delays or public disclosure.

What It Means

Montana families without estate planning face specific financial and procedural challenges under current state law. Estates that cannot use Montana's small estate procedures must go through full probate, where attorney fees typically range from 1.8%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Jul 14, 2026View source to 2.9%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Jul 14, 2026View source of the estate value based on reasonable compensation standards. Court filing fees add $100MCA § 25-1-201(1)(m); MCA § 25-1-202(1)(a); MCA § 3-1-317Verified Jul 14, 2026View source to the process, while the typical duration extends from 6 monthsMCA § 72-3-1101 (small estate: probate estate ≤ $100KVerified Jul 14, 2026View source to 12 monthsMCA § 72-3-1101 (small estate: probate estate ≤ $100KVerified Jul 14, 2026View source.

Montana's small estate threshold of $100,000MCA § 72-3-1101Verified Jul 14, 2026View source for personal property collection by affidavit provides limited relief for larger estates. Families must wait 30 daysMCA § 72-3-1101Verified Jul 14, 2026View source after death before using this simplified procedure, and it only applies to personal property, not real estate. For estates exceeding this threshold or containing real property, full probate administration becomes necessary with all associated costs and delays.

The state's adoption of the Uniform Probate Code provides some procedural advantages, including informal probate proceedings that reduce some court supervision and independent administration options that allow executors to act without ongoing court approval for routine matters. However, creditors still receive 4 monthsMCA §§ 72-3-801, 72-3-803Verified Jul 14, 2026View source to file claims against the estate, extending the settlement timeline regardless of these procedural improvements.

Context from SimplyTrust

Montana residents can avoid these probate complications through proper trust planning. A funded revocable living trust allows assets to transfer directly to beneficiaries without court involvement, maintaining privacy and reducing both time and costs. Montana's recognition of handwritten wills and standard 2MCA § 72-2-522Verified Jul 15, 2026View source-witness requirements for formal wills provide basic planning options, but trusts offer more comprehensive protection.

The probate cost calculator helps Montana families estimate the specific expenses they might face without proper planning. For those considering their options, the intestacy calculator shows exactly how Montana's inheritance laws would distribute assets without a will or trust in place.

Source: What Happens Without a Trust in Montana - Montana Elder Law, Inc.