For anyone planning an estate in Montana or settling one: what a will or trust costs, whether an estate needs probate, what executors and trustees are paid, and the taxes on an inheritance, each answered under Montana law.
36 tools for Montana
Probate in Montana takes 4 months to 6 months for a simple estate and charges attorney fees of typically 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representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source to 2.9%MCA § 72-3-634 (court review of reasonableness of compensation of persons employed by the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representative, including attorneys); § 72-3-632 (reasonable attorney fees in estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
Montana authorizes transfer on death deedsMCA 72-6-401 to 72-6-418Verified Jul 15, 2026: a recorded, revocable deed that passes real property at death outside probate.
Montana allows a transfer-on-death beneficiary designation on a vehicle titleMont. Code Ann. 61-3-226Verified Aug 25, 2026View source, filed through the Montana Department of Justice, Motor Vehicle Division (Vehicle Services Bureau); applications are also accepted at the county treasurer's office or an MVD authorized agent using Form MV13.
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.
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.
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.
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.
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
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.
Estimate the fair market value of household items for probate and see how it affects fees.
In Montana, a will-based plan pays probate attorney fees of typically 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; a funded revocable trust keeps those assets out of probate and off that fee.
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 Sep 15, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
Settling a trust in Montana happens outside court: the trustee acts under the state's Uniform Trust CodeMCA 72-38-101 et seq.Verified Jul 15, 2026View source, notifies the beneficiaries within 60 daysMCA §§ 72-38-813, 72-38-109, 72-38-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
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.