What is the small estate limit in Montana?

Montana allows a Collection of Personal Property by Affidavit for estates with personal property valued at $100,000 or less (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PR compensation), § 72-3-634 (court review of reasonableness of attorney/agent compensation; former § 72-3-633 repealed 2019), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (publication; 4-month creditor claim from first publication), § 72-3-803 (nonclaim; 1-year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.). There is a 30-day waiting period after the date of death before this procedure can be used.

What is the probate timeline in Montana?

In Montana, simple estates typically take 4-6 months. Average estates take 6-12 months. Complex estates with disputes 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PR compensation), § 72-3-634 (court review of reasonableness of attorney/agent compensation; former § 72-3-633 repealed 2019), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (publication; 4-month creditor claim from first publication), § 72-3-803 (nonclaim; 1-year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.).

When Is Probate Required in Montana?

Answer a few questions to find out if an estate needs full probate, qualifies for simplified procedures, or can avoid probate entirely.

Probate confirmed? Settle the estate from here.

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Find out if you need probate

Answer a few questions about the estate to see if probate is required or if simplified procedures apply.

Small estates may avoid probate entirely

Trusts pass assets without court involvement

This tool provides general information about probate requirements and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.

Frequently Asked Questions

Montana allows a Collection of Personal Property by Affidavit for estates with personal property valued at $100,000 or less. There is a 30-day waiting period after the date of death before this procedure can be used.

Real estate in Montana generally requires probate to transfer ownership unless it was held in a trust, owned jointly with right of survivorship, or had a transfer-on-death deed recorded (if available in the state). A revocable living trust outlines alternatives to probate for real estate.

In Montana, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if available. The trust vs. will comparison outlines how a trust helps bypass probate.

In Montana, simple estates typically take 4-6 months. Average estates take 6-12 months. Complex estates with disputes or unusual assets can take 12-24 months or longer. Estimate total costs with the Montana probate calculator.

Probate costs in Montana typically include attorney fees, executor fees, court filing fees, and publication costs. On a $500,000 estate, total costs run about $26,409 depending on complexity. Use the Montana probate cost calculator for a detailed estimate.

The most common ways to avoid probate in Montana include creating a revocable living trust, adding beneficiary designations to accounts, titling property as joint tenants with right of survivorship, and using transfer-on-death deeds where available. The trust vs. will comparison compares the two approaches side by side.

Probate Requirements in Montana

Montana allows estates valued under $100,000 to use a Collection of Personal Property by Affidavit, bypassing formal probate entirely. After a 30 days waiting period, heirs can collect assets without opening a probate case.

Full probate in Montana runs 4 months to 6 months for straightforward estates. Contested estates or those with real property in multiple states face longer timelines. Estimate the total cost with the Montana probate calculator.

A revocable living trust bypasses probate in Montana. Assets transferred into the trust during the grantor's lifetime pass directly to beneficiaries without court involvement. The trust vs. will comparison outlines the trade-offs.