How Do I Settle an Estate in Montana?
Settling an estate in Montana: the personal representative files the estate inventory within 270 daysMCA §§ 72-3-607, 72-3-609Verified Sep 15, 2026View source of appointment; creditors have 4 monthsMCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
Settling an estate in Montana means gathering the assets, notifying creditors, paying debts and taxes, and distributing what remains to the beneficiaries. Assets in a living trust settle privately without the court. An estate that needs probate takes 6 months to 12 months on average, and the creditor claim period of 4 monthsMCA §§ 72-3-801, 72-3-803Verified Sep 8, 2026View source is the floor. In a probate case the inventory of estate assets is due within 270 daysMCA §§ 72-3-607, 72-3-609Verified Sep 15, 2026View source of appointment.
Montana allows estates valued at $100,000MCA § 72-3-1101Verified Sep 8, 2026View source or less to use the Collection of Personal Property by AffidavitMCA § 72-3-1101Verified Sep 8, 2026View source, which avoids full probate administration. The Collection of Personal Property by Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 30 daysMCA § 72-3-1101Verified Sep 8, 2026View source after death.
The creditor claim period of 4 monthsMCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source runs from the first publication of the creditor notice, which follows the executor's appointment. The executor must publish notice in a local newspaperMCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source for 3MCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source consecutive weeks. Every claim is barred 12 monthsMCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source after death regardless of notice. Final distribution waits until the period has run.
Montana does not require a bond of the personal representative by defaultMCA § 72-3-513Verified Sep 8, 2026View source. A court can still order one. The bond protects beneficiaries and creditors against mismanagement by the personal representative. The Montana executor fee calculator covers what the role itself can charge.
In Montana, a simple estate typically settles in 4 months to 6 months, and an average estate in 6 months to 12 months. An estate with a dispute, a tax issue or an unusual asset runs longer. State procedure sets a practical floor of about 6 monthsMCA § 72-3-801 (4-month creditor bar); MCA § 72-3-607 (9-month inventory deadline); MCA § 72-3-803 (1-year absolute bar); MCA § 72-3-1015 (2-year close trigger); MCA § 72-3-1004 (closing by sworn statement no earlier than 6 months after appointment); MCA § 72-3-1005 (final accounting)Verified Sep 15, 2026View source before an estate can close.
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Named as Executor
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Named as Trustee
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Learn moreForms for Settling an Estate in Montana
Free forms for settling an estate in Montana: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Petition for Probate and Letters
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 availableMCA § 72-3-201Verified Sep 8, 2026View source.
Notice to Creditors
In Montana, the notice to creditors is published for 3MCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 4 monthsMCA §§ 72-3-801, 72-3-803Verified Sep 8, 2026View source from first publication to present claims.
Small Estate Affidavit
In Montana, the Collection of Personal Property by AffidavitMCA § 72-3-1101Verified Sep 8, 2026View source covers estates valued at $100,000MCA § 72-3-1101Verified Sep 8, 2026View source or less, 30 daysMCA § 72-3-1101Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Montana, the personal representative files the estate inventory within 270 daysMCA §§ 72-3-607, 72-3-609Verified Sep 15, 2026View source of appointment.
Estate Closing
In Montana, the personal representative is discharged automatically once the statutory period runsMCA § 72-3-1004(2), 72-3-1011Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Tools for Settling an Estate in Montana
Free tools for settling an estate in Montana: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Montana, certified death certificates come from the Montana Department of Public Health and Human Services - Office of Vital RecordsMontana Department of Public Health and Human Services - Office of Vital RecordsVerified Oct 15, 2026View source; the first copy costs $16Montana Department of Public Health and Human Services - Office of Vital RecordsVerified Oct 15, 2026View source.
Do I Need Probate?
In Montana, estates valued at $100,000MCA § 72-3-1101Verified Sep 8, 2026View source or less skip probate with the Collection of Personal Property by AffidavitMCA § 72-3-1101Verified Sep 8, 2026View source, 30 daysMCA § 72-3-1101Verified Sep 8, 2026View source after death.
Do I Have to File Tax Returns for Someone Who Died?
Montana requires a final state income tax return for the decedent alongside the federal Form 1040Mont. Code Ann. § 15-30-2103 (as amended by Ch. 227, L. 2025 — HB 337)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Do I Do When Someone Dies?
After a death in Montana, the estate either qualifies for the simplified procedure for estates under $100,000MCA § 72-3-1101Verified Sep 8, 2026View source or goes through probate, where creditors have 4 monthsMCA §§ 72-3-801, 72-3-803Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Montana levies no estate or inheritance taxMont. Code Ann. § 72-16-905 (estate tax = maximum federal state death tax credit — a pickup tax that computes to $0 for deaths after 12/31/2004, IRC § 2011 credit repealed by EGTRRA 2001; part 9 still codified); Mont. Code Ann. Title 72, ch. 16, pts. 1, 3, 4, 7, 8 (inheritance tax) repealed eff. Jan. 1, 2001 (I-145, Nov. 2000)Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Montana imposes no inheritance or estate taxMont. Code Ann. § 72-16-905 (estate tax = maximum federal state death tax credit — a pickup tax that computes to $0 for deaths after 12/31/2004, IRC § 2011 credit repealed by EGTRRA 2001; part 9 still codified); Mont. Code Ann. Title 72, ch. 16, pts. 1, 3, 4, 7, 8 (inheritance tax) repealed eff. Jan. 1, 2001 (I-145, Nov. 2000)Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Montana take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces the state's preferential capital gains ratesMont. Code Ann. § 15-30-2103(2)(c)-(d) (Temporary; terminates Dec. 31, 2026)Verified Sep 20, 2026View source.
Hire a Montana Probate Attorney
Browse 49 probate firms in Montana with addresses, contact info, and practice details.
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Montana Estate Settlement Resources
In-depth guides covering Montana probate, estate administration, and settling an estate.