How Do I File Taxes for a Deceased Person in Montana?

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.

At minimum, a final federal income tax return (Form 1040) for income earned through the date of death, and Montana requires a final state income tax returnMont. Code Ann. § 15-30-2103 (as amended by Ch. 227, L. 2025 — HB 337)Verified Sep 20, 2026View source (Form 2MCA §§ 15-30-2151, 15-30-2602, 15-30-2603, 15-30-2604; 72-16-904Verified Sep 10, 2026View source) as well. If the estate earns income during administration, a federal fiduciary return (Form 1041) and a Montana fiduciary return (Form FID-3MCA §§ 15-30-2151, 15-30-2602, 15-30-2603, 15-30-2604; 72-16-904Verified Sep 10, 2026View source) may also be required.

The final federal income tax return is due April 15 following year of death26 USC 6012(b)(1)Verified Sep 15, 2026. The final Montana return is due April 15 following year of death (automatic 6-month extension available)MCA §§ 15-30-2151, 15-30-2602, 15-30-2603, 15-30-2604; 72-16-904Verified Sep 10, 2026View source. The Montana fiduciary return is due April 15 (calendar year, or the 15th day of the 4th month after a fiscal year end); automatic 6-month extension to October 15 (MCA § 15-30-2604)MCA §§ 15-30-2151, 15-30-2602, 15-30-2603, 15-30-2604; 72-16-904Verified Sep 10, 2026View source.

No tax clearance is required. Montana no longer requires a certificate or consent from the Department of Revenue to close probate or to transfer stocks, bonds, or other securitiesMCA §§ 15-30-2151, 15-30-2602, 15-30-2603, 15-30-2604; 72-16-904Verified Sep 10, 2026View source. Every tax obligation is still settled before the final distribution.

No. No Montana estate or inheritance tax is payable for a death today: the state keeps death-tax provisions on its books that are inoperative for current deathsMont. Code Ann. § 72-16-905 (estate tax = maximum federal state death tax credit — a pickup tax that computes to $0 for deaths after 12/31/2004, IRC § 2011 credit repealed by EGTRRA 2001; part 9 still codified); Mont. Code Ann. Title 72, ch. 16, pts. 1, 3, 4, 7, 8 (inheritance tax) repealed eff. Jan. 1, 2001 (I-145, Nov. 2000)Verified Sep 15, 2026View source, so nothing is due. The tax filings after a death are the income tax returns (the final return and, where the estate earns income, the estate income tax return). Only the federal estate tax applies, and only to an estate above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

Yes. Estate size does not change the final income tax return: a final Form 1040 is filed whatever the estate is worth if the decedent had income. What a smaller estate avoids is the federal estate tax return (Form 706), due 9 months after date of death (6-month extension available)26 USC 6018; 26 USC 6075(a)Verified Sep 15, 2026 and required only above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

Forms for Settling an Estate in Montana

Free forms for settling an estate in Montana: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.

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Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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Petition for Probate and Letters

In Montana, the petition asks the District Court to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; an informal (registrar) track is availableMCA § 72-3-201Verified Sep 8, 2026View source.

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Notice to Creditors

In Montana, the notice to creditors is published for 3MCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 4 monthsMCA §§ 72-3-801, 72-3-803Verified Sep 8, 2026View source from first publication to present claims.

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Small Estate Affidavit

In Montana, the Collection of Personal Property by AffidavitMCA § 72-3-1101Verified Sep 8, 2026View source covers estates valued at $100,000MCA § 72-3-1101Verified Sep 8, 2026View source or less, 30 daysMCA § 72-3-1101Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.

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Estate Inventory

In Montana, the personal representative files the estate inventory within 270 daysMCA §§ 72-3-607, 72-3-609Verified Sep 15, 2026View source of appointment.

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Estate Closing

In Montana, the personal representative is discharged automatically once the statutory period runsMCA § 72-3-1004(2), 72-3-1011Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.

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Letter of Instruction

Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.

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Tools for Settling an Estate in Montana

Free tools for settling an estate in Montana: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.

How Many Death Certificates Do I Need?

In Montana, certified death certificates come from the Montana Department of Public Health and Human Services - Office of Vital RecordsMontana Department of Public Health and Human Services - Office of Vital RecordsVerified Oct 15, 2026View source; the first copy costs $16Montana Department of Public Health and Human Services - Office of Vital RecordsVerified Oct 15, 2026View source.

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Do I Need Probate?

In Montana, estates valued at $100,000MCA § 72-3-1101Verified Sep 8, 2026View source or less skip probate with the Collection of Personal Property by AffidavitMCA § 72-3-1101Verified Sep 8, 2026View source, 30 daysMCA § 72-3-1101Verified Sep 8, 2026View source after death.

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How Do I Settle an Estate?

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 Oct 18, 2026View source to present claims; a simple estate closes in 4 months to 6 months.

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What Do I Do When Someone Dies?

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.

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How Much Are Estate & Inheritance Taxes?

Montana levies no estate or inheritance taxMont. Code Ann. § 72-16-905 (estate tax = maximum federal state death tax credit — a pickup tax that computes to $0 for deaths after 12/31/2004, IRC § 2011 credit repealed by EGTRRA 2001; part 9 still codified); Mont. Code Ann. Title 72, ch. 16, pts. 1, 3, 4, 7, 8 (inheritance tax) repealed eff. Jan. 1, 2001 (I-145, Nov. 2000)Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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What Taxes Apply to My Inheritance?

Montana imposes no inheritance or estate taxMont. Code Ann. § 72-16-905 (estate tax = maximum federal state death tax credit — a pickup tax that computes to $0 for deaths after 12/31/2004, IRC § 2011 credit repealed by EGTRRA 2001; part 9 still codified); Mont. Code Ann. Title 72, ch. 16, pts. 1, 3, 4, 7, 8 (inheritance tax) repealed eff. Jan. 1, 2001 (I-145, Nov. 2000)Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.

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How Does Step-Up in Basis Work?

Inherited assets in Montana take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces the state's preferential capital gains ratesMont. Code Ann. § 15-30-2103(2)(c)-(d) (Temporary; terminates Dec. 31, 2026)Verified Sep 20, 2026View source.

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Hire a Montana Probate Attorney

Browse 49 probate firms in Montana with addresses, contact info, and practice details.

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Montana Estate Settlement Resources

In-depth guides covering Montana probate, estate administration, and settling an estate.