Free Montana Petition for Probate

In Montana, the petition asks the District Court to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; an informal (registrar) track is available.

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You & the Will

Montana has no statewide fillable form; we draft the petition from Mont. Code Ann. §§ 72-3-201 to 72-3-225.

State Where the Estate Will Be Probated*

The state where the decedent was domiciled. Only states where a self-represented filer can prepare this document are listed.

Did the decedent leave a will?*

Yes — there is a will (request Letters Testamentary)No — there is no will (request Letters of Administration)

Your First Name*

Middle Name

Your Last Name*

Your Relationship to the Decedent*

How you are related to the person who died. Being named executor in the will is asked separately.

Your Street Address*

City*

ZIP Code*

Email Address*

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No. Montana has no statewide fillable petition form. The petition is drafted to the contents the appointment statute requires and filed with the District Court. Montana's e-filing is attorneys only, so a self-represented filer files on paper.

The petition. Letters are issued, never filled out: Clerk of the district court issues Letters Testamentary (with a will) or Letters of Administration (no will) after the court grants the petition. The petition asks the District Court to admit the will where there is one and to appoint you, and it states who died, when and where, whether there is a will, who the heirs or beneficiaries are, and what the estate is worth.

Beside the petition, the Montana packet carries: Copy of the death certificate, attached to the application (a plain copy — Montana’s own application form does not ask for a certified copy, and accepts alternative documentation of the decedent’s death if no certificate is available); Original will and any codicils, if the decedent left a will (Mont. Code Ann. § 72-3-211, informal probate of will); Verified Application for Informal Appointment of Personal Representative (and Informal Probate of Will) (Mont. Code Ann. §§ 72-3-201 to 72-3-203). The court's own checklist runs longer for particular cases.

Montana's court filing fee is $100, paid to the District Court when the petition is filed. Publication, certified copies and any bond premium are charged separately. The Montana probate cost calculator sets the fee beside attorney and executor fees.

The District Court reviews the petition and, where it is in order, grants it. Montana does not require a bond by default, though the court can order one. Clerk of the district court then issues the Letters. With Letters in hand the representative opens the estate account, gives creditor notice and collects the assets; the Montana estate settlement plan carries each step in order.

Opening Probate in Montana

Before anyone can act for a Montana estate, the District Court must appoint a personal representative and issue Letters. Letters are an output of that appointment, never a form the representative completes; the document filed is the petition for probate and for Letters, and the Clerk of the district court issues Letters Testamentary (with a will) or Letters of Administration (no will) after the court grants it.

Montana has no statewide fillable petition form, so the petition is drafted to the contents the appointment statute requires: who died, when and where, whether there is a will, who the heirs or beneficiaries are, and what the estate is worth, with the verification. Signed, it is filed with the District Court. Montana's e-filing is attorneys only, so a self-represented filer's petition goes in on paper.

In Montana, filed with the petition: Copy of the death certificate, attached to the application (a plain copy — Montana’s own application form does not ask for a certified copy, and accepts alternative documentation of the decedent’s death if no certificate is available); Original will and any codicils, if the decedent left a will (Mont. Code Ann. § 72-3-211, informal probate of will); Verified Application for Informal Appointment of Personal Representative (and Informal Probate of Will) (Mont. Code Ann. §§ 72-3-201 to 72-3-203).

The court filing fee is $100, paid to the District Court when the petition is filed; publication, certified copies and any bond premium are charged separately. A bond is not required by default; the court can order one. The District Court reviews the petition and, where it is in order, grants it; the Clerk of the district court then issues the Letters.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from Montana statutes and official state code. How we research.

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Free tools for settling an estate in Montana: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.

How Much Can an Executor Charge?

Montana pays executors reasonable compensation, typically 2.2% to 3.8% of the estate.

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In Montana, informal probate is available, and a self-represented executor can usually handle it for a simple, uncontested estate.

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How Do I Get Appointed as Executor?

In Montana, the District Court appoints the personal representative and the Clerk of the district court issues Letters Testamentary or Letters of Administration; an informal (registrar) track is available.

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In Montana, creditors have 4 months from first publication of the creditor notice to present claims; late claims are barred.

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When an estate owes more than it holds, Montana pays the claims in 7 classes in statutory order, beginning with costs and expenses of administration.

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In-depth guides covering Montana probate, estate administration, and settling an estate.

Free Montana Petition for Probate

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Opening Probate in Montana

Free Montana Petition for Probate

You & the Will

Is this your situation?

Named as Executor

Death of a Parent

Loss of a Spouse

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Small Estate Affidavit

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Letter of Instruction

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What Are the Creditor Claim Deadlines?

What Happens When an Estate Is Insolvent?

How Do I Open an Estate Account When Someone Dies?

What Is the Estate's Personal Property Worth for Probate?

Hire a Montana Probate Attorney

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Montana Estate Settlement Resources

Free Montana Petition for Probate

You & the Will