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.
Certified copies 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 funeral home usually places the first order. Each certified copy costs $16Montana Department of Public Health and Human Services - Office of Vital RecordsVerified Oct 15, 2026View source. Banks, insurers, government agencies and retirement plans each want a certified copy, so the first order is for several. The Montana death certificate guide carries the ordering details.
Montana sets an order for who controls the disposition of remains: surviving spouse, then surviving child or majority of the surviving children, then surviving parent or parentsMont. Code Ann. § 37-19-904Verified Oct 17, 2026View source. The state allows you to name your own agent in advanceMont. Code Ann. § 37-19-904(1)Verified Oct 17, 2026View source, and a written designation outranks the default order. The Montana burial and cremation law guide carries the rest of the rules.
Only for what the decedent owned alone with no beneficiary named. Assets in a living trust, accounts with a named beneficiary and property owned jointly with right of survivorship pass outside probate. For the rest, Montana allows estates valued at $100,000MCA § 72-3-1101Verified Sep 8, 2026View source or less to use the Collection of Personal Property by AffidavitMCA § 72-3-1101Verified Sep 8, 2026View source, 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 daysMCA § 72-3-1101Verified Sep 8, 2026View source after death.
The opening petition is prepared to statute and filed with the District CourtMont. Code Ann. §§ 72-3-201 to 72-3-225 (informal probate & appointment); §§ 72-3-301 to 72-3-321 (formal testacy & appointment); §§ 72-3-501 to 72-3-518 (PR appointment, qualification, bond)Verified Aug 24, 2026View source. Clerk of the district court issues Letters Testamentary or Letters of Administration after the court grants the petition. The Montana Letters Testamentary guide carries the documents, the bond and the self-filing rules.
A simple estate in Montana typically settles in 4 months to 6 months, and an average estate in 6 months to 12 months. The creditor claim period of 4 monthsMCA §§ 72-3-801, 72-3-803Verified Sep 8, 2026View source is the floor: final distribution waits for it to run. Assets in a living trust settle privately, without the court's timeline.
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Free forms for settling an estate in Montana: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Montana.
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Affidavit of Death
In Montana, a surviving joint owner records the “Acknowledged statement that the holder of a nonprobate interest in real property is deceasedMont. Code Ann. § 7-4-2613(1)(c)Verified Oct 26, 2026View source”.
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IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
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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.
Free tools for settling an estate in Montana: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Montana.
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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What Happens to Jointly Owned Property When an Owner Dies?
When a joint owner dies in Montana, what the survivor records is the “Acknowledged statement that the holder of a nonprobate interest in real property is deceasedMont. Code Ann. § 7-4-2613(1)(c)Verified Oct 26, 2026View source”.
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Do I Have to File Tax Returns for Someone Who Died?
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.
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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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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.
Montana Executor ChecklistMCA § 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 2026-09-08.Verified Sep 8, 2026View source
Notify immediate family members
Contact close family members who need to know. Coordinate funeral arrangements and gather contact information for extended family and friends.
Confirm who has authority over final arrangements
State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made.
Montana: State law sets the order of who controls disposition of remains. Order: Person designated on a Department of Defense Form 93 by a decedent on active duty, in the Montana National Guard or in a federal reserve; then Person designated in a notarized affidavit or written instrument under § 37-19-904(1); then Surviving spouse; then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.
Arrange burial, cremation, or other disposition
Work with a funeral home, crematory, or other provider to arrange disposition of the body. State rules govern cremation waiting periods, required authorizations, and burial or disposition permits. The funeral home typically provides certified death certificates and files the death certificate with vital records.
Montana: Cremation has a 24-hour waiting period. A burial or disposition permit is required, issued by the attending physician or advanced practice registered nurse, the coroner with jurisdiction or a licensed mortician (§ 50-15-405). The death certificate must be filed within 10 days. Typical state costs: direct cremation ~$2,200, direct burial ~$3,000, traditional funeral ~$7,500.
Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy.
Montana: Order from Montana Department of Public Health and Human Services - Office of Vital Records. Fee: $16/copy ($16 additional). Available: online, phone, mail, in-person.
Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.
Report the death to Social Security. The funeral home often does this, but verify it was done. Surviving spouse may be eligible for benefits.
Federal: Timing: Application for the lump-sum death payment: within 2 years of the date of death. Proof of support for a dependent parent's benefit: within 2 years of the worker's death. The funeral home reports the death.
Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.
Montana: Medicare: Repayment of a Medicare Secondary Payer demand against the estate: within 60 calendar days of the demand; interest is assessed from the date the demand letter was mailed. Claim for services furnished before death: within 12 months of the date of service. If the deceased received Medicaid, Montana's estate recovery program (Montana Department of Public Health and Human Services, Estate Recovery (Third Party Liability Unit)) may file a claim against the estate for benefits paid. Exemptions and hardship waivers are state-specific.
If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.
Federal: Timing: DIC or death pension application, for an award effective from the month of death: within 1 year of the date of death; Payments start from the filing date instead of the first day of the month of death.. Claim for accrued benefits: within 1 year of the beneficiary's death. Claim for lump-sum accrued benefits withheld from a competent veteran during hospital, institutional or home care: within 5 years of the beneficiary's death. Request to be substituted into the veteran's pending claim or appeal: within 1 year of the date of death. Burial allowance claim for a death that was not service connected: within 2 years of the veteran's burial. Burial allowance claim where VA upgraded the discharge from dishonorable after death: within 2 years of the upgrade.
Contact life insurance companies to file claims. Also notify health, auto, and homeowner insurance to update or cancel policies.
Montana: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance, retirement accounts, POD bank accounts, TOD investment accounts, annuities (MCA § 72-2-814). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.
Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.
Locate deeds, mortgage statements, property tax bills, and homeowner insurance policies for all real property. Check the county recorder for any recorded Transfer on Death deeds.
Montana: Montana allows Transfer on Death (TOD) deeds. Check the county recorder's office to see if a TOD deed was recorded -- if so, the property transfers outside probate.MCA 72-6-401 to 72-6-418Verified Oct 18, 2026View source
Whoever holds the original will hands it to the probate court, or to the executor it names, within the period state law sets. The will becomes part of the court record whether or not probate is opened.
Obtain an EIN for the estate
Apply for an Employer Identification Number (EIN) from the IRS. The estate needs its own tax ID to open bank accounts and file tax returns.
Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond.
Probate must be opened within 3 years of the deathMont. Code Ann. § 72-3-122Verified Aug 24, 2026View source
Montana: File with the District Court (the clerk of the district court decides informal applications; a district judge hears formal proceedings). E-filing is not open to self-represented filers. Counties may require additional local forms. Filing fee $100. Informal probate available. Independent administration reduces court supervision. Typical duration: 6-24 months.Mont. Code Ann. §§ 72-3-201 to 72-3-225 (informal probate & appointment); §§ 72-3-301 to 72-3-321 (formal testacy & appointment); §§ 72-3-501 to 72-3-518 (PR appointment, qualification, bond)Verified Aug 24, 2026
Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority.
Montana: Letters Testamentary are issued by the Clerk of the district court, after appointment and after the representative qualifies by filing the statement of acceptance and any required bond. The state's title for the role is Personal Representative (executor if testate, administrator if intestate). Typically filed with the petition: Copy of the death certificate, attached to the application (a plain copy — Montana’s own application form does not ask for a certified copy, and accepts alternative documentation of the decedent’s death if no certificate is available); Original will and any codicils, if the decedent left a will (Mont. Code Ann. § 72-3-211, informal probate of will); Verified Application for Informal Appointment of Personal Representative (and Informal Probate of Will) (Mont. Code Ann. §§ 72-3-201 to 72-3-203); Statement of acceptance of the appointment by the personal representative (Mont. Code Ann. § 72-3-512); Acknowledgment of Fiduciary Relationship and Obligations (Mont. Code Ann. § 72-3-109); Renunciations / nominations from any persons with equal or higher priority, if applicable (Mont. Code Ann. § 72-3-504); Bond only if required (Mont. Code Ann. §§ 72-3-513 to 72-3-515).Mont. Code Ann. §§ 72-3-201 to 72-3-225 (informal probate & appointment); §§ 72-3-301 to 72-3-321 (formal testacy & appointment); §§ 72-3-501 to 72-3-518 (PR appointment, qualification, bond)Verified Aug 24, 2026
If the court requires a bond, obtain a surety bond from an insurance company. The bond protects beneficiaries from executor misconduct.
Montana: Bond generally not required. Typical premium: 0.5% of estate value.MCA § 72-3-513Verified Sep 8, 2026View source
Open an estate bank account
Open a dedicated checking account for the estate using the EIN and letters testamentary. All estate income and expenses flow through this account.
Consider hiring a probate attorney
For complex estates or if unfamiliar with probate, hiring an attorney is common. Many states allow statutory attorney fees.
Montana: Attorney fees typically 1.8-2.9% of estate.MCA § 72-3-634 (compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source
Publish a notice in a local newspaper to alert potential creditors. This starts the creditor claim period running.
Montana: Montana requires publication for 3 consecutive weeks. Typical cost: $100. The executor places the notice with the newspaper directly. Creditors have 4 months from first publication to file claims. Direct notice to a known creditor is optional and does not shorten their deadline — they get the later of the claim period or 30 days from the mailing.MCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source
Identify email accounts, social media, online banking, cryptocurrency, and other digital assets. Note any password managers used.
Montana: Montana has adopted digital asset access laws (2017). User authorization or court order may be required to access accounts. Online tool authorizations (like Google Inactive Account Manager) are valid.MCA §§ 72-31-401 to 72-31-417 (RUFADAA)Verified Sep 15, 2026View source
Search the state unclaimed property database for forgotten bank accounts, uncashed checks, insurance proceeds, and refunds owed to the deceased. Estates frequently recover assets the deceased never tracked.
Montana: Search Montana Department of Revenue, Unclaimed Property for forgotten accounts, refunds, and uncashed checks owed to the deceased.
Contact retirement account custodians about beneficiary claims. IRAs and 401(k)s typically pass by beneficiary designation, not through the estate.
Montana: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance, retirement accounts, POD bank accounts, TOD investment accounts, annuities (MCA § 72-2-814). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.
Prepare and file an inventory of all estate assets with their values. The filing deadline runs from your appointment as personal representative and is set by state law.
Inventory due 270 days after appointment as personal representativeMCA §§ 72-3-607, 72-3-609Verified Sep 15, 2026View source
Montana: Inventory due within 270 days of appointment — you may either file it with the court or send it to interested persons who request it. You set the fair-market values yourself; no independent appraiser is required. Supplemental inventory required for assets discovered after the initial filing.MCA §§ 72-3-607, 72-3-609Verified Sep 15, 2026View source
Review claims submitted by creditors. Reject invalid claims and pay valid debts from estate/trust assets.
Montana: After a claim is rejected, the creditor has 60 days to sue on it. If the estate cannot pay every claim, payment order: Costs and expenses of administration; then Reasonable funeral expenses and reasonable/necessary medical/hospital expenses of last illness; then Federal and Montana estate taxes; then remaining claims in statutory order.MCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source
Do not make final distributions until the creditor claim period has expired. This protects you from personal liability.
Creditor claim period: 4 months from first publication of the creditor noticeMCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source
Montana: Creditor claim period is 4 months from first publication. All claims are barred 1 year after death regardless of notice.MCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source
Transfer ownership of vehicles to beneficiaries or the estate. Contact the state DMV with a death certificate and title documents.
Montana: Montana titles can carry a Beneficiary designation (transfer on death) (Mont. Code Ann. 61-3-226). Check the title for a TOD or beneficiary designation — a designated vehicle passes directly to the named beneficiary outside probate. Titles are processed by the Montana Department of Justice, Motor Vehicle Division (Vehicle Services Bureau); applications are also accepted at the county treasurer's office or an MVD authorized agent.
File a final IRS Form 1040 for the deceased covering January 1 through date of death. Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.
IRS Form 1040 due April 15 following year of death26 USC 6012(b)(1)
Montana: File Form 2 for January 1 through date of death. Due April 15 following year of death (automatic 6-month extension available). File Form 2 (resident) electronically through a Free File Alliance partner or other approved software, or on paper; the TransAction Portal (tap.dor.mt.gov) takes payments, not general Form 2 filings.MCA §§ 15-30-2151, 15-30-2602, 15-30-2603, 15-30-2604; 72-16-904Verified Sep 10, 2026View source
If the estate or trust earns income during administration ($600 in gross income), file IRS Form 1041. Required if estate gross income is $600 or more, or if any beneficiary is a nonresident alien. The estate can choose a fiscal year. Use Form 7004 for an automatic 5.5-month extension of time to file.
Montana: File Form FID-3 for estate/trust income. Required when Resident estate/trust must file if (a) federal filing is required, or (b) it has positive Montana taxable income after Montana additions to federal taxable income. Nonresident estate/trust must file with any Montana-source income or a Montana resident beneficiary.. 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). Filing via approved tax software or paper Form FID-3; payments through the TransAction Portal (tap.dor.mt.gov), approved software, ACH credit, with the return, or with the Montana Estate or Trust Tax Payment Voucher (Form FID).MCA §§ 15-30-2151, 15-30-2602, 15-30-2603, 15-30-2604; 72-16-904Verified Sep 10, 2026View source
For estates exceeding the federal exemption ($15,000,000), IRS Form 706 is required. Some states have lower thresholds. File Form 4768 for an automatic 6-month extension of time to file. The estate and GST tax is still due within 9 months of death; an extension of time to pay must be requested separately on the same form. Form 706 may also be filed to elect portability of the unused exemption to a surviving spouse.
IRS Form 706 due 9 months after date of death (6-month extension available) if required26 USC 6018; 26 USC 6075(a)
Montana: No state estate or inheritance tax. Only federal Form 706 applies if estate exceeds the federal exemption ($15,000,000).26 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source
Some states require tax clearance or closing letters before final distribution. Distributing without clearance can create personal liability for the executor or trustee.
Montana: 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 securities.MCA §§ 15-30-2151, 15-30-2602, 15-30-2603, 15-30-2604; 72-16-904Verified Sep 10, 2026View source
An executor or personal representative is entitled to compensation for administering the estate. Some states set commissions by statute; others allow reasonable compensation. Decide whether to take a commission and document the basis before final distribution.
Montana: Executor compensation must be reasonable (no fixed statutory schedule). States that do set a schedule pay 2.2%–3.8% of an estate this size. Commissions are taxable income to the executor and are usually waived when the executor is also the main beneficiary.MCA § 72-3-631 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source
Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.
General information about settling an estate, not legal advice. Requirements vary by state and circumstance. Consult a licensed attorney for legal questions. Data verified Sep 15, 2026
