Tools for Planning and Settling an Estate in Montana

After a death in Montana, the estate either qualifies for the simplified procedure for estates under $100,000 or goes through probate, where creditors have 4 months to file claims after notice.

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36 tools for Montana

How Much Does Probate Cost?

Probate on a $500,000 estate in Montana costs an estimated $24,934. Attorney fees run 1.8% to 2.9% of the estate under a reasonable-compensation standard.

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How Much Can an Executor Charge?

Montana pays executors reasonable compensation, typically 2.2% to 3.8% of the estate.

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Who Inherits Without a Will?

Without a will in Montana, a surviving spouse takes the entire estate when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representation.

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What's Fair Trustee Compensation?

In Montana, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent) unless the trust instrument sets a different amount.

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How Much Are Estate & Inheritance Taxes?

Montana levies no estate or inheritance tax; only the federal estate tax applies above $15,000,000.

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How Many Death Certificates Do I Need?

In Montana, certified death certificates come from the Montana Department of Public Health and Human Services - Office of Vital Records; the first copy costs $16.

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Do I Need Probate?

In Montana, estates valued at $100,000 or less skip probate with the Collection of Personal Property by Affidavit, 30 days after death.

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What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in Montana runs $3,620 to $5,430 and a simple will $957 to $1,914, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Montana runs $3,620 to $5,430 for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in Montana runs $957 to $1,914, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $24,934.

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How Much Life Insurance Do I Need?

In Montana, four years at a public university cost about $72,640 and the cost of living is 5% below the U.S. average; no state estate or inheritance tax applies.

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What Taxes Apply to My Inheritance?

Montana imposes no inheritance or estate tax; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.

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How Does Step-Up in Basis Work?

Inherited assets in Montana take a basis reset to fair market value on the date of death, and the gain on a later sale faces the state's preferential capital gains rates.

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Are My Beneficiary Designations Protected?

Montana automatically revokes an ex-spouse as beneficiary at divorce; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in Montana costs an estimated $24,934 and takes 4 months to 6 months for a simple estate, with attorney fees of typically 1.8% to 2.9% of the estate. Estates under $100,000 can use a small-estate procedure instead.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In Montana, a parent names a guardian for a minor child in a will, and the nomination covers the child until the age of majority, 18.

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What Are the Burial and Cremation Laws in My State?

Montana allows you to name your own agent in a signed, written document, and that designation takes priority over the statutory order of next of kin who otherwise control disposition of the remains.

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How Do I Sign Estate Documents?

Find witness, notary, and remote signing requirements for all 50 states.

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Will My Estate Documents Transfer?

Check if estate planning documents signed in one state are valid in another.

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Montana allows estates valued at $100,000 or less to use the Collection of Personal Property by Affidavit, which avoids full probate administration. The Collection of Personal Property by Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 30 days after death.

Probate costs in Montana typically include attorney fees of typically 1.8% to 2.9% of the estate, executor fees, court filing fees, and publication costs. On a $500,000 estate, total costs run about $24,934, roughly 5% of estate value, varying with complexity. Estimate executor compensation separately with the Montana executor fee calculator.

Montana intestacy law decides. Montana follows separate property rules: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Descendants of your parents; Grandparents and their descendants; Closest degree of kinship; The state of Montana.

No. Montana imposes no state estate tax and no inheritance tax. Only the federal estate tax applies, on an estate above $15,000,000, an exemption the One Big Beautiful Bill Act (P.L. 119-21 §70106) set permanently from 2026 and indexes for inflation.

A will in Montana costs what the provider charges. An online service runs $0 to $299 up front. An attorney in Montana charges around $319 an hour for wills and estates work, which puts a simple will at $957 to $1,914. The document is only part of the cost: probate adds about $24,934 on a $500,000 estate in fees the heirs pay later.