Montana Inheritance: Plan an Estate or Settle One

Montana has adopted the Uniform Probate Code, has enacted the Uniform Trust CodeMCA 72-38-101 et seq.Verified Oct 17, 2026View source, and has adopted the Uniform Power of Attorney ActMCA § 72-31-305Verified Sep 18, 2026View source.

Probate of a simple estate in Montana runs 4 months to 6 months; an average estate takes 6 months to 12 months. The court filing fee is $100MCA § 25-1-201(1)(m); MCA § 25-1-202(1)(a); MCA § 3-1-317Verified Sep 8, 2026View source; attorney fees are reasonable compensationMCA § 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representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source; executor compensation typically runs 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate. On a $500,000 estate the estimated total comes to $24,934MCA § 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representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source. Informal, unsupervised probate is availableMCA § 72-3-201Verified Sep 8, 2026View source for uncontested estates.

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 at $16Montana Department of Public Health and Human Services - Office of Vital RecordsVerified Oct 15, 2026View source a copy. Once appointed, the personal representative files the estate inventory within 270 daysMCA §§ 72-3-607, 72-3-609Verified Sep 15, 2026View source of appointment and publishes the notice to creditors for 3MCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source consecutive weeks.

A surviving spouse left out of the will can elect to take a statutory share insteadMCA §§ 72-2-232, 72-2-233, 72-2-241, 72-2-243Verified Sep 15, 2026View source. The family allowance during administration is capped at $27,000MCA §§ 72-2-412, 72-2-413, 72-2-414, 72-2-415Verified Sep 15, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 21 yearsMCA § 72-26-803Verified Sep 15, 2026View source of age. Montana taxes incomeMont. Code Ann. § 15-30-2103 (as amended by Ch. 227, L. 2025 — HB 337)Verified Sep 20, 2026View source at a top rate of 5.65%Mont. Code Ann. § 15-30-2103 (as amended by Ch. 227, L. 2025 — HB 337)Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: 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.