How Much Does Probate Cost in Montana?
Use our free calculator to estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state.
Frequently Asked Questions
Probate costs in Montana typically include attorney fees (based on reasonable compensation determined by the court), executor fees, court filing fees, and publication costs.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PR compensation), § 72-3-634 (court review of reasonableness of attorney/agent compensation; former § 72-3-633 repealed 2019), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (publication; 4-month creditor claim from first publication), § 72-3-803 (nonclaim; 1-year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 On a $500,000 estate, total costs run about $25,459 — roughly 5% of estate value — varying with complexity. Use the executor fee calculator to estimate executor compensation separately.
Montana allows estates valued at $100,000 or less to use the Collection of Personal Property by Affidavit, which avoids full probate administration.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PR compensation), § 72-3-634 (court review of reasonableness of attorney/agent compensation; former § 72-3-633 repealed 2019), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (publication; 4-month creditor claim from first publication), § 72-3-803 (nonclaim; 1-year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 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. Check eligibility with the Montana probate need checker.
In Montana, simple estates typically take 4-6 months. Average estates take 6-12 months. Complex estates with disputes, tax issues, 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.Verified Jul 14, 2026 The 4-month creditor claim period sets a minimum timeline.
Yes — the calculator above estimates Montana probate attorney fees from the estate value. Montana uses a "reasonable compensation" standard, so fees depend on estate complexity, time spent, and local rates.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 Jul 14, 2026 Typical fees run 1.8% to 2.9% of estate value. It shows the attorney fee alongside executor fees, court filing fees, and the total probate cost.
Montana allows executors to receive reasonable compensation.MCA § 72-3-631 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026 Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the Montana executor fee calculator.
Real property is outside this procedure in Montana — it reaches personal property only, and real estate transfers separately.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
Is this your situation?
Get a complete guide for your specific circumstances.
Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
Learn more
Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
Learn more
Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
Learn more
New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
Learn moreMore estate planning resources
Explore related tools and documents to complete your estate plan.
Last Will and Testament
Create a free, state-specific will with witness and notarization requirements included.
Healthcare Power of Attorney
Designate someone to make medical decisions on your behalf.
Financial Power of Attorney
Designate someone to manage your financial affairs.
Transfer on Death Deed
Transfer real property to a beneficiary upon your death without probate.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate.
Petition for Probate and Letters
Prepare the application to open probate and request Letters Testamentary or of Administration.
How Much Can an Executor Charge?
Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.
Who Inherits Without a Will?
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
How Much Are Estate & Inheritance Taxes?
Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.
How Many Death Certificates Do I Need?
Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.
Do I Need Probate?
Answer a few questions to find out if an estate needs full probate, qualifies for simplified probate, or can avoid probate entirely with a small estate affidavit.
What Does Estate Planning Actually Cost?
See the true cost of estate planning. Compare SimplyTrust, Trust & Will, LegalZoom, and attorneys including life events like marriage, divorce, and having children.
When you're ready, we're here.
Montana Estate Planning Resources
In-depth guides covering Montana probate laws, trust requirements, and estate planning strategies.