What Is the Estate's Personal Property Worth for Probate in Montana?
Estimate the fair market value of household items for the Montana estate inventory — what furniture, electronics, and appliances would sell for today, not what was paid.
Frequently Asked Questions
Personal property in Montana is valued at fair market value — what the item would sell for on the open market, not the original purchase price.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PR compensation), § 72-3-634 (court review of reasonableness of attorney/agent compensation; former § 72-3-633 repealed 2019), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (publication; 4-month creditor claim from first publication), § 72-3-803 (nonclaim; 1-year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.Verified Jul 14, 2026 Most household items (furniture, electronics, clothing) lose 50-90% of their value. Professional appraisals are used for art, collectibles, jewelry, and other high-value items.
No. Executors in Montana can typically group low-value household goods into a single line on the inventory — for example, "household furnishings and personal effects" — while valuable items such as jewelry, art, and collectibles are listed individually. Each value reflects fair market value as of the date of death.
In Montana, the executor must file the estate inventory within 9 months of appointment. If assets are discovered later, Montana requires a supplemental inventory.MCA §§ 72-3-607, 72-3-609Verified Jul 14, 2026
Estates with personal property under $100,000 in Montana may qualify for Collection of Personal Property by Affidavit, which avoids full probate.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PR compensation), § 72-3-634 (court review of reasonableness of attorney/agent compensation; former § 72-3-633 repealed 2019), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (publication; 4-month creditor claim from first publication), § 72-3-803 (nonclaim; 1-year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.Verified Jul 14, 2026 Accurate valuation at fair market value can determine whether the estate falls below this threshold. Check eligibility with the Montana probate need checker.
High-value items such as art, antiques, jewelry, and collectibles typically require professional appraisals, while typical household items — furniture, electronics, appliances, clothing — can be valued using comparable sales data. Montana lets the executor value most property without a formal appraisal, though valuable items still warrant a qualified appraiser.MCA §§ 72-3-607, 72-3-609Verified Jul 14, 2026
Once the inventory is filed, tangible personal property in Montana passes under any specific gifts in the will, then under the will's residuary clause. Without a will, it passes under Montana intestate succession. See who receives it with the Montana inheritance calculator.
Not necessarily. Items with named beneficiaries (life insurance, retirement accounts), jointly held property, and assets in a trust bypass probate. Only personal property owned solely by the deceased passes through probate in Montana. The Montana probate need checker determines which assets require probate.
Montana Estate Planning Resources
In-depth guides covering Montana probate laws, trust requirements, and estate planning strategies.

