Question 1

How much does probate cost in Montana?

Accepted Answer

Probate costs in Montana typically include attorney fees (based on reasonable compensation determined by the court), executor fees, court filing fees, and publication costs. On a $500,000 estate, total costs run about $26,409 — 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. 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. 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. 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. 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.

Question 2

Can I skip probate for a small estate in Montana?

Accepted Answer

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PR compensation), § 72-3-634 (court review of reasonableness of attorney/agent compensation; former § 72-3-633 repealed 2019), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (publication; 4-month creditor claim from first publication), § 72-3-803 (nonclaim; 1-year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.). 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.

Question 3

How long does probate take in Montana?

Accepted Answer

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.). The 4-month creditor claim period sets a minimum timeline.

Question 4

Is there a probate attorney fee calculator for Montana?

Accepted Answer

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. 2019). 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.

Question 5

How much can an executor charge in Montana?

Accepted Answer

Montana allows executors to receive reasonable compensation (MCA § 72-3-631 (reasonable compensation; no statutory percentage)). Executors can waive their fee entirely or accept a reduced amount.

Question 6

Can I transfer real estate without probate in Montana?

Accepted Answer

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.)