How Do I Get a Death Certificate in Montana?
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.
In Montana, each certified copy costs $16Montana Department of Public Health and Human Services - Office of Vital RecordsVerified Oct 15, 2026View source. Copies ordered together cost less than separate orders placed later. The Montana estate settlement plan lists the accounts and institutions that each want a certified copy.
Death certificates in Montana are issued by 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. Online orders go through VitalChekMontana Department of Public Health and Human Services - Office of Vital RecordsVerified Oct 15, 2026View source. Most funeral homes also place the first order for the family at the time of death.
Processing times in Montana vary; 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 publishes the current turnaround. A funeral home's order at the time of death usually arrives first.
In Montana, a certified copy can be ordered by: Any person who submits a completed application, establishes identity, and lists the reason for the copyMontana Department of Public Health and Human Services - Office of Vital RecordsVerified Oct 15, 2026View source. A requester shows Photocopy of both sides of a valid photo ID with a signature, or a notarized application and Without a signed photo ID: two other forms of identification, one bearing a signatureMontana Department of Public Health and Human Services - Office of Vital RecordsVerified Oct 15, 2026View source.
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 holds death records from 1907Montana Department of Public Health and Human Services - Office of Vital RecordsVerified Oct 15, 2026View source to the present.
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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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Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
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Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
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Named as Trustee
Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.
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.
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.
How Do I Settle an Estate?
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.
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.