What Happens to Debt When You Die in Montana?
In Montana, creditors have 4 monthsMCA §§ 72-3-801, 72-3-803Verified Sep 8, 2026View source from first publication of the creditor notice to present claims; late claims are barred.
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. Distributing assets before the period has run can leave the executor personally liable for a claim that arrives later.
Yes. Montana requires publication of a notice to creditorsMCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source once a week for 3MCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source consecutive weeks in a newspaper of general circulation in the county where probate is filed. The notice states the deadline for a claim and where to present it.
Montana does not require direct notice to known creditorsMCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source, though sending it can start a shorter deadline for that creditor.
In Montana, estate debts are paid in this order: Costs and expenses of administration; Reasonable funeral expenses and reasonable/necessary medical/hospital expenses of last illness; Federal and Montana estate taxesMCA § 72-3-807Verified Sep 23, 2026View source, then the remaining classes. If the estate is insolvent, a class is paid in full before the next receives anything, and claims within a class share proportionally. The Montana insolvent estate calculator walks the order against the assets.
Yes. Every claim in Montana is barred 12 monthsMCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source after the date of death, whether or not notice was given. The bar is the final cutoff even where the executor never published or mailed a notice.
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Forms 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.
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 Much Can an Executor Charge?
Montana pays executors reasonable compensationMCA § 72-3-631 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source, typically 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.
Can I Self-File Probate?
In Montana, informal probate is availableMCA § 72-3-201Verified Sep 8, 2026View source, and a self-represented executor can usually handle it for a simple, uncontested estate.
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 availableMCA § 72-3-201Verified Sep 8, 2026View source.
What Happens When an Estate Is Insolvent?
When an estate owes more than it holds, Montana pays the claims in 7MCA § 72-3-807Verified Sep 23, 2026View source classes in statutory order, beginning with costs and expenses of administration.
How Do I Open an Estate Account When Someone Dies?
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
What Is the Estate's Personal Property Worth for Probate?
Estimate the fair market value of household items for probate and see how it affects fees.
How Much Does Probate Cost?
Probate on a $500,000 estate in Montana costs an estimated $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. Attorney fees run 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 Sep 8, 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 Sep 8, 2026View source of the estate under a reasonable-compensation standard.
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.