
Montana Probate Guide
How Montana probate works: the district court in all 56 counties, informal probate by the clerk, the $100 opening fee, and the 3-year limit to start.
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How Montana probate works: the district court in all 56 counties, informal probate by the clerk, the $100 opening fee, and the 3-year limit to start.

A Montana probate inventory is due 9 months after appointment under MCA 72-3-607. What to list, how to value it, and who gets a copy.

Montana informal probate usually runs 7 to 12 months. Notice to creditors is mandatory, and the court can act on an estate open after 2 years.

No Montana statute requires a lawyer for probate. The clerk grants informal probate, and the State Law Library posts packets for small estates.

A Montana revocable living trust under MCA 72-38-601 to 72-38-606: how to create and fund one, the pour-over will, and its limits.

Montana's small estate affidavit collects up to $100,000 of personal property 30 days after death, with no court filing. A house counts toward it.

Montana step-up in basis: inherited assets reset to date-of-death value under IRC 1014, and Montana taxes a later long-term gain at 3.0% or 4.1%.

A Montana spouse can elect 50% of the marital-property portion of the augmented estate under MCA 72-2-232, and three allowances come on top.

A Montana transfer on death deed passes land at death under MCA 72-6-401 to 72-6-418. Record it before you die, or the deed does nothing.

Montana trust administration under the Uniform Trust Code: the two 60-day notices, annual reports, creditor exposure and final distribution.
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