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Montana estate administration

Montana probate: rules, process, costs, executor fees and deadlines

Small-estate limit: $100,000

This guide explains probate in Montana: 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. Latest primary-source re-fetch September 15, 2026.

Answer first

Montana simplified probate route

Montana allows collection of a decedent's personal property by affidavit under MCA § 72-3-1101 when "the value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000", 30 days have elapsed since death, and no application or petition for appointment of a personal representative is pending or has been granted. (Unclaimed property of $5,000 or less may be refunded by the Department of Revenue regardless of estate value.)

Collection of personal property by affidavit (MCA § 72-3-1101)
1. Where and when
Private by design: entries stay in this browser.
2. What they left

Ownership determines whether an asset usually enters probate. Choose “Not sure” when title or beneficiary status has not been confirmed.

Asset 1

Asset 2

Your working estimate

Montana estate snapshot

Route check

More information is needed

Counted probate estate: not yet counted

A valid date of death is required before any waiting period can be tested.

Gross probate propertyNot yet counted
Court chargeSet locallyMCA § 25-1-201(1)(m) sets a probate-specific fee: on the filing of an application for informal, formal, or supervised probate or for the appointment of a personal representative, the clerk of district court collects $70 from the applicant, "which includes the fee for filing a will for probate". This probate-specific subsection governs over the general civil-commencement fee in § 25-1-201(1)(a), so the opening fee for a probate proceeding is $70. The § 72-3-1101 affidavit route requires no court filing.
Scheduled executor compensationMore information needed2 asset entries have no value entered.MCA § 72-3-631(1) entitles a personal representative to "reasonable compensation for services." Contrary to a common assumption, Montana's Uniform Probate Code enactment does NOT set a statutory percentage schedule (the harvested § 72-3-631 text states only a reasonable-compensation standard). A will may fix compensation, but the personal representative may renounce that provision before qualifying and take reasonable compensation instead.

This route check is general information, not legal advice. It does not test every eligibility condition, creditor issue, will provision, local fee, or asset-title fact.

What the reviewed rules establish

Simplified route

$100,000

Montana allows collection of a decedent's personal property by affidavit under MCA § 72-3-1101 when "the value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000", 30 days have elapsed since death, and no application or petition for appointment of a personal representative is pending or has been granted. (Unclaimed property of $5,000 or less may be refunded by the Department of Revenue regardless of estate value.)

Eligibility and caveats

Court cost

$70

MCA § 25-1-201(1)(m) sets a probate-specific fee: on the filing of an application for informal, formal, or supervised probate or for the appointment of a personal representative, the clerk of district court collects $70 from the applicant, "which includes the fee for filing a will for probate". This probate-specific subsection governs over the general civil-commencement fee in § 25-1-201(1)(a), so the opening fee for a probate proceeding is $70. The § 72-3-1101 affidavit route requires no court filing.

Filing-cost detail

Executor compensation

Court-reviewed

MCA § 72-3-631(1) entitles a personal representative to "reasonable compensation for services." Contrary to a common assumption, Montana's Uniform Probate Code enactment does NOT set a statutory percentage schedule (the harvested § 72-3-631 text states only a reasonable-compensation standard). A will may fix compensation, but the personal representative may renounce that provision before qualifying and take reasonable compensation instead.

Compensation detail

Creditor deadline

Multiple triggers

Montana runs multiple independently-triggered claim deadlines that cannot honestly collapse into one number: a four-month bar from first publication of the notice to creditors (§ 72-3-801(1)); an actual-notice period of four months from published notice or 30 days from mailing, whichever is later (§ 72-3-801(2)); and an outer nonclaim bar of one year after death (§ 72-3-803(1)(a)). Publishing a single figure would mislead.

Mont. Code Ann. § 72-3-803(1)(a) (Montana Legislature (Legislative Services Division); reviewed August 9, 2026)

Timeline and creditor details

Statutes read in full for Montana

These are the Montana provisions read end to end on the enacting state’s own site, rather than summarised from a secondary source. The middle column is what reading each one actually established for Montana — not a restatement of the topic — and the last column records the date the wording was read, so a later amendment can be spotted by comparing dates.

CitationWhat reading it establishedRead on
MCA § 25-1-201Montana charges a general district-court filing fee, not a probate-specific one — court and filing cost note2026-09-17
MCA § 72-3-803Montana bars most claims one year after death, and binds nonprobate transferees too — creditor deadline note2026-09-17
MCA § 72-3-1101Montana’s $100,000 ceiling has a carve-out that ignores the size of the estate — small estate route note2026-09-17
MCA § 72-3-631Montana’s fee statute is the uniform text, so the renunciation timing is what decides outcomes — representative pay note2026-09-17

Montana decision map

The four facts that change the Montana route

Use this map before opening a form or entering a number. It keeps the Montana amount test, time gate, court cost, and creditor record separate so one easy figure does not stand in for the whole administration.

QuestionRecorded Montana answerCarry into the case
What route is being screened?Collection of personal property by affidavit (MCA § 72-3-1101)Confirm that the will, prior appointment, family facts, and asset titles fit this route.
What property and basis count?personal probate property only; net of enforceable liens and encumbrances.Keep real property, liens, beneficiary transfers, and survivorship transfers classified separately.
What is the amount screen?$100,000Use the counted property, not a bank-balance shortcut.
What is the time or deadline record?30 days after death; Montana runs multiple independently-triggered claim deadlines that cannot honestly collapse into one number: a four-month bar from first publication of the notice to creditors (§ 72-3-801(1)); an actual-notice period of four months from published notice or 30 days from mailing, whichever is later (§ 72-3-801(2)); and an outer nonclaim bar of one year after death (§ 72-3-803(1)(a)). Publishing a single figure would mislead.Keep the event that starts each clock with the date; do not combine separate periods into one number.
What does the cost record establish?$70 is the recorded statewide amount.Ask the District Court about local surcharges, copies, publication, bond, and later filings.
What does compensation use?MCA § 72-3-631(1) entitles a personal representative to "reasonable compensation for services." Contrary to a common assumption, Montana's Uniform Probate Code enactment does NOT set a statutory percentage schedule (the harvested § 72-3-631 text states only a reasonable-compensation standard). A will may fix compensation, but the personal representative may renounce that provision before qualifying and take reasonable compensation instead. The relevant base is the estate accounting.Keep the will, task log, receipts, and accounting base together; extraordinary work is separate.

Arithmetic illustration

See the Montana amount screen without mistaking it for a result

The recorded Montana ceiling is $100,000, and it is tested against personal probate property only, on a basis this site records as net of enforceable liens and encumbrances. Counted that way, $75,000 sits below the Montana figure and $125,000 sits above it. Both are comparisons to a published number rather than legal outcomes: two estates holding the same total can land on opposite sides of this line, because what Montana counts and how it values it are decided before the comparison is made.

Illustrative counted amountComparison to the Montana ceilingWhat it does not decide
$75,000Below $100,000Title, liens, waiting period, appointment, or creditor duties
$125,000Above $100,000Whether another statutory route or court process applies

Next evidence to collect

Start with the row that is still unknown, then take that question to the named court or source.

  1. Record the date of death, the county, and the exact proceeding or affidavit being considered.
  2. Classify each asset by title, beneficiary, trust, real-property status, and the value basis shown above.
  3. Open the official court material below and keep its form or schedule with the estate record.
  4. Do not distribute property until the route, creditor position, and required approvals are resolved.

Official 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.

Source trail

Records used by this Montana map

Limits and unresolved costs

  • Attorney fees, bond premiums, publication, certified copies, tax work, and asset-sale costs are not included unless expressly shown.
  • Asset title, beneficiary designations, creditor claims, and will terms can change the route.
Use this as a starting point.

This is general information, not legal, tax, or financial advice, and it does not create an attorney-client relationship. Probate law varies by state and county and changes over time. Verify the current rule with the court or a licensed attorney in the relevant state.

Continue

What Montana courts publish

The statutes on this page state the rule. These are the documents the court itself publishes. Every link is probed before release, and any link that stops resolving fails the build rather than staying on the page.

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.

Primary sources

Each legal input links to the government source reviewed for this page. Source text can change; confirm the current rule before acting.