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Home→Tools→Self-File Probate Assessment→Montana

Do I Need a Lawyer for Probate in Montana?

Find out if you can handle probate yourself, see estimated cost savings vs. hiring an attorney, and get a step-by-step filing checklist.

Frequently Asked Questions

Yes, Montana offers informal probate procedures that are designed to be manageable without attorney representation.MCA § 72-3-1101 (small estate $100K, 30-day wait, personal property only; amended Ch. 453, L. 2023), § 72-3-1103 (formula-based summary closing), § 72-3-631 (reasonable PR compensation), § 72-3-632 (reasonable attorney fees), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (4-month creditor claim from first publication), § 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)Verified Jun 1, 2026 The process is most straightforward for simple estates with clear wills and cooperative beneficiaries.

Court filing fees in Montana vary by county.MCA § 72-3-1101 (small estate $100K, 30-day wait, personal property only; amended Ch. 453, L. 2023), § 72-3-1103 (formula-based summary closing), § 72-3-631 (reasonable PR compensation), § 72-3-632 (reasonable attorney fees), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (4-month creditor claim from first publication), § 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)Verified Jun 1, 2026 Self-filing costs typically include the court petition fee, publication costs. The filing fee is a fraction of total probate costs. See a full breakdown with the Montana probate calculator.

Simple estates in Montana typically take 4-6 months.MCA § 72-3-1101 (small estate $100K, 30-day wait, personal property only; amended Ch. 453, L. 2023), § 72-3-1103 (formula-based summary closing), § 72-3-631 (reasonable PR compensation), § 72-3-632 (reasonable attorney fees), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (4-month creditor claim from first publication), § 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)Verified Jun 1, 2026 The 4-month creditor claim period is the minimum timeline. Self-filed probate takes roughly the same time as attorney-filed probate.

Montana allows Collection of Personal Property by Affidavit for estates with personal property under $100,000.MCA § 72-3-1101 (small estate $100K, 30-day wait, personal property only; amended Ch. 453, L. 2023), § 72-3-1103 (formula-based summary closing), § 72-3-631 (reasonable PR compensation), § 72-3-632 (reasonable attorney fees), § 72-3-513 (bond), § 72-3-201 (informal probate), § 72-3-801 (4-month creditor claim from first publication), § 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)Verified Jun 1, 2026 There is a 30-day waiting period. These procedures are simpler than formal probate and well-suited for self-filing.

The primary savings from self-filing come from eliminating attorney fees, which are the largest expense in most probate cases. Court filing fees, publication costs, and executor compensation remain the same whether an attorney is involved or not. The Montana probate calculator shows the attorney fee component.

The probate process in Montana typically involves filing the petition, notifying heirs and creditors, inventorying assets, paying debts, and distributing the remaining estate. Each step has specific court requirements and deadlines. The Montana executor checklist outlines every step from filing to final distribution.

Self-Filing Probate in Montana

Informal probate is available in Montana (YesMCA § 72-3-201Verified Jun 1, 2026), making self-filing more feasible than in states requiring supervised administration. Montana's UPC adoption status is YesMCA § 72-3-1101 (small estate $100K, 30-day wait, personal property onlyVerified Jun 1, 2026. The process is most straightforward for simple, uncontested estates.

The primary savings from self-filing come from eliminating attorney fees. Court filing fees ($100MCA § 25-1-201(1)(m); MCA § 25-1-202(1)(a); MCA § 3-1-317Verified Jun 1, 2026), publication costs, and executor compensation remain the same. The Montana probate calculator shows the full cost breakdown.

Montana offers simplified procedures for estates under $100,000MCA § 72-3-1101Verified Jun 1, 2026. These are the easiest probate-related filings to handle without an attorney and involve minimal court interaction.

Simple estates in Montana typically close in 4 monthsMCA § 72-3-1101 (small estate $100K, 30-day wait, personal property onlyVerified Jun 1, 2026 to 6 monthsMCA § 72-3-1101 (small estate $100K, 30-day wait, personal property onlyVerified Jun 1, 2026. Self-filed probate follows the same timeline as attorney-filed cases. The Montana executor checklist outlines each step from filing to final distribution.

SimplyTrustSimplyTrust Editorial·Updated June 1, 2026

Legal Sources

  • MCA § 25-1-201(1)(m); MCA § 25-1-202(1)(a); MCA § 3-1-317
  • MCA § 72-3-1101
  • MCA § 72-3-1101 (small estate $100K, 30-day wait, personal property only
  • MCA § 72-3-201

Data sourced from Montana statutes and official state code. How we research.

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Montana Estate Planning Resources

In-depth guides covering Montana probate laws, trust requirements, and estate planning strategies.

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This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.

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Being named executor means navigating probate, managing assets, and distributing the estate. What's expected, what you can charge, and how to start.

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