Simplified route
$100,000
Collection of personal property by affidavit (MCA § 72-3-1101); usable 30 days after death.
Eligibility and caveatsMontana estate administration
Montana probate: rules, process, costs, executor fees and deadlines
Small-estate limit: $100,000
In Montana, estates up to $100,000 can use the small-estate route; executor pay is whatever the court finds reasonable (Mont. Code Ann. § 72-3-631); and claims are due four months after first publication, or 30 days after mailed notice if later, a year after death at most. Montana is a Uniform Probate Code state. Personal property of a decedent whose probate estate (net of liens and encumbrances) does not exceed $100,000 can be collected by affidavit under MCA § 72-3-1101, 30 days after death, with no court filing. Probate proceedings are filed in the District Court, where the probate-specific opening fee is $70 under MCA § 25-1-201(1)(m). Personal representatives receive reasonable compensation under § 72-3-631 — Montana sets no statutory percentage schedule.
Sources reviewed August 9, 2026. Sources rechecked October 3, 2026. This page last revised .
Answer first
Montana simplified probate route
Up to $100,000; usable 30 days after death. Source: Mont. Code Ann. § 72-3-1101.
Collection of personal property by affidavit (MCA § 72-3-1101)No combined Montana probate total
The District Court filing charge is statewide: $70 (Mont. Code Ann. § 25-1-201(1)(m)). Executor pay is reasonable compensation (Mont. Code Ann. § 72-3-631), not a rate. Each side in full: Montana probate filing cost and Montana executor fees.
Screen a specific Montana estate with the calculators on the small-estate page and the executor-fee page, or compare states in the full estate navigator.
What the reviewed rules establish
Court cost
$70
One statewide amount.
Filing-cost detailExecutor compensation
Court-reviewed
No percentage schedule; the court decides what is reasonable. Source: Mont. Code Ann. § 72-3-631.
Compensation detailCreditor deadline
Multiple triggers
Mont. Code Ann. § 72-3-803(1)(a) (Montana Legislature (Legislative Services Division); reviewed August 9, 2026)
Timeline and creditor detailsStatutes read in full for Montana
Read on the enacting state’s own site, with the date each was read.
| Citation | What reading it established | Read on |
|---|---|---|
| MCA § 25-1-201 | Montana charges a general district-court filing fee, not a probate-specific one — court and filing cost note | 2026-09-17 |
| MCA § 72-3-803 | Montana bars most claims one year after death, and binds nonprobate transferees too — creditor deadline note | 2026-09-17 |
| MCA § 72-3-1101 | Montana’s $100,000 ceiling has a carve-out that ignores the size of the estate — small estate route note | 2026-09-17 |
| MCA § 72-3-631 | Montana’s fee statute is the uniform text, so the renunciation timing is what decides outcomes — representative pay note | 2026-09-17 |
Montana decision map
The four facts that change the Montana route
Each Montana answer below links to the page that sets out its source.
| Question | Recorded Montana answer |
|---|---|
| What route is being screened? | Collection of personal property by affidavit (MCA § 72-3-1101) |
| What property and basis count? | personal probate property only; net of enforceable liens and encumbrances. |
| What is the amount screen? | $100,000 |
| What is the time or deadline record? | 30 days after death; creditor deadlines: separate clocks by triggering event |
| What does the cost record establish? | $70 is the recorded statewide amount. |
| What does compensation use? | Reasonable compensation set by the court, measured on the estate accounting. |
Limits and unresolved costs
Continue
What Montana courts publish
Each link goes to the court’s own page and is checked before every release.
- Self-help centreMontana Courts — Self-Help Law ProgramMontana Judicial Branch
- Forms indexMontana Courts — FormsMontana Judicial Branch
Limits on court material
- Probate in Montana is handled by the District Court. The Judicial Branch publishes statewide self-help resources and forms. The $70 probate fee is fixed statewide by MCA § 25-1-201(1)(m); the § 72-3-1101 affidavit is a private demand instrument, not a court filing.
Montana primary sources
Each rule on the Montana pages comes from one of these 4 sources; the citation opens the publisher’s own text. All were last rechecked October 3, 2026.
Simplified-procedure rule
Mont. Code Ann. § 72-3-1101, MCA § 72-3-1101 — Collection of personal property by affidavit.
Executor compensation rule
Mont. Code Ann. § 72-3-631, MCA § 72-3-631 — Compensation of personal representative.
Court cost rule
Mont. Code Ann. § 25-1-201(1)(m), MCA § 25-1-201 — Fees of clerk of district court.
Creditor deadline rule
Mont. Code Ann. § 72-3-803(1)(a), MCA § 72-3-803 — Nonclaim; limitations on presentation of claims.
Sources rechecked October 3, 2026: Montana source list · how sources are checked · report a correction