What Are My Duties as Executor in Montana?
Step-by-step guide for executors navigating probate, from filing the will to closing the estate.
Frequently Asked Questions
An executor (or personal representative) in Montana is responsible for filing the will with the probate court, inventorying and appraising assets, notifying creditors, paying debts and taxes, and distributing remaining property to beneficiaries. The executor has a fiduciary duty to act in the best interest of the estate and its beneficiaries.
The probate petition filing fee in Montana starts at approximately $100.MCA § 72-3-1101 (small estate $100K, 30-day wait, personal property only; amended Ch. 453, L. 2023), § 72-3-1103 (formula-based summary closing), § 72-3-631 (reasonable PR compensation), § 72-3-632 (reasonable attorney fees), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (4-month creditor claim from first publication), § 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)Verified Jun 1, 2026 Additional fees may apply for certified copies, recording fees, and publication of notice to creditors.
Montana requires the executor to publish notice to creditors in a local newspaper. Known creditors should also receive direct written notice. Creditors have 4 months to file claims.MCA § 72-3-1101 (small estate $100K, 30-day wait, personal property only; amended Ch. 453, L. 2023), § 72-3-1103 (formula-based summary closing), § 72-3-631 (reasonable PR compensation), § 72-3-632 (reasonable attorney fees), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (4-month creditor claim from first publication), § 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)Verified Jun 1, 2026 The executor is personally liable for distributions made before the claim period expires if valid claims go unpaid.
Montana allows estates valued at $100,000 or less to use a Collection of Personal Property by Affidavit.MCA § 72-3-1101 (small estate $100K, 30-day wait, personal property only; amended Ch. 453, L. 2023), § 72-3-1103 (formula-based summary closing), § 72-3-631 (reasonable PR compensation), § 72-3-632 (reasonable attorney fees), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (4-month creditor claim from first publication), § 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)Verified Jun 1, 2026 The waiting period is 30 days after death. This avoids the need for formal probate and significantly reduces time and cost.
Montana allows executors to receive reasonable compensation.MCA § 72-3-631 (reasonable compensation; no statutory percentage)Verified Jun 1, 2026 Typical executor fees range from 2% to 4% of estate value. Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the Montana executor fee calculator.
Probate costs in Montana include court filing fees, attorney fees, executor compensation, publication costs, and potentially a surety bond. Total costs generally range from 3-8% of the estate value depending on complexity. The Montana probate calculator provides a detailed cost estimate based on estate value.
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Montana Estate Planning Resources
In-depth guides covering Montana probate laws, trust requirements, and estate planning strategies.
