How Do I Settle an Estate in Montana?
Add the estate's financial accounts, insurance, government agencies, digital accounts, and property. The plan compiles each one's process, contacts, and required documents on top of your state's rules - into one document.
Frequently Asked Questions
Settling an estate in Montana involves gathering assets, notifying creditors, paying debts, and distributing property to beneficiaries. Estates with a living trust typically settle within 6-12 months without court involvement. Estates requiring probate take 6-12 months on average, with a minimum 4-month creditor claim period.MCA § 72-3-1101 (small estate: probate estate ≤ $100K, 30-day wait, personal property collection only; amended Ch. 453, L. 2023), § 72-3-1103 (formula-based summary administration), § 72-3-631 (reasonable PR compensation), § 72-3-634 (court review of reasonableness of attorney/agent compensation; former § 72-3-633 repealed 2019), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (publication; 4-month creditor claim from first publication), § 72-3-803 (nonclaim; 1-year outer bar), § 25-1-201(1)(m) ($70 base probate filing fee), § 25-1-202 ($20 additional filing fee), § 3-1-317 ($10 IT surcharge), § 72-3-607 (inventory; optional appraiser). MCA 2025 via mca.legmt.gov; Montana Clerks of District Courts Fee Schedule via courts.mt.gov. Verified 2026-07-14.Verified Jul 14, 2026 In probate cases, an inventory of estate assets is due within 270 days of appointment.MCA §§ 72-3-607, 72-3-609Verified Jul 14, 2026 The plan turns that sequence into a dated timeline: the accounts and agencies to notify, the inventory and its date-of-death values, the ledger behind the accounting, and who receives what.
Montana allows estates valued at $100,000 or less to use the Collection of Personal Property by Affidavit, which avoids full probate administration.MCA § 72-3-1101 (small estate: probate estate ≤ $100K, 30-day wait, personal property collection only; amended Ch. 453, L. 2023), § 72-3-1103 (formula-based summary administration), § 72-3-631 (reasonable PR compensation), § 72-3-634 (court review of reasonableness of attorney/agent compensation; former § 72-3-633 repealed 2019), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (publication; 4-month creditor claim from first publication), § 72-3-803 (nonclaim; 1-year outer bar), § 25-1-201(1)(m) ($70 base probate filing fee), § 25-1-202 ($20 additional filing fee), § 3-1-317 ($10 IT surcharge), § 72-3-607 (inventory; optional appraiser). MCA 2025 via mca.legmt.gov; Montana Clerks of District Courts Fee Schedule via courts.mt.gov. Verified 2026-07-14.Verified Jul 14, 2026 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 days after death. As you enter the estate's assets, the plan totals what is subject to probate and checks it against that limit.
Creditors in Montana have 4 months from first publication of notice to file claims against the estate.MCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Jul 14, 2026 The executor must publish notice in a local newspaper for 3 consecutive weeks. All claims are barred 1 year after death regardless of notice. No final distribution should occur until this period expires. Enter the date the clock started and the plan works out when the window closes, then holds the distribution and final-accounting steps until it does.
In Montana, simple estates typically settle in 4-6 months. Average estates take 6-12 months. Complex estates with disputes, tax issues, or unusual assets can take 12-24 months or longer.MCA § 72-3-1101 (small estate: probate estate ≤ $100K, 30-day wait, personal property collection only; amended Ch. 453, L. 2023), § 72-3-1103 (formula-based summary administration), § 72-3-631 (reasonable PR compensation), § 72-3-634 (court review of reasonableness of attorney/agent compensation; former § 72-3-633 repealed 2019), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (publication; 4-month creditor claim from first publication), § 72-3-803 (nonclaim; 1-year outer bar), § 25-1-201(1)(m) ($70 base probate filing fee), § 25-1-202 ($20 additional filing fee), § 3-1-317 ($10 IT surcharge), § 72-3-607 (inventory; optional appraiser). MCA 2025 via mca.legmt.gov; Montana Clerks of District Courts Fee Schedule via courts.mt.gov. Verified 2026-07-14.Verified Jul 14, 2026 State procedure sets a practical floor of about 6 months before an estate can close.MCA § 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 Jul 14, 2026 The plan lays the work out across those months and reorders it around the dates you enter.
An executor (or personal representative) in Montana is responsible for filing the will with the probate court, inventorying assets, paying debts and taxes, and distributing remaining property to beneficiaries. The specific duties depend on whether the estate goes through formal probate or qualifies for simplified procedures. The plan carries each of those duties as a task, with the institution, agency, or office it belongs to attached. See the Montana executor appointment guide for how to get appointed and begin.
Estate settlement costs in Montana include court filing fees, attorney fees, executor compensation, publication costs, and potentially a probate bond. On a $500,000 estate, total costs run about $26,409 depending on complexity. Costs you pay out of pocket go on the ledger as reimbursable disbursements, so what the estate owes you back is on the record. Use the Montana probate calculator for a detailed cost estimate.
Montana Estate Planning Resources
In-depth guides covering Montana probate laws, trust requirements, and estate planning strategies.




