
Montana Estate Planning Basics
Montana estate planning uses four documents: a will with two witnesses, a financial power of attorney, a health care directive, and a trust.
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Montana estate planning uses four documents: a will with two witnesses, a financial power of attorney, a health care directive, and a trust.

Montana has no estate tax for deaths after 2004 and no inheritance tax. Only the federal estate tax applies, above $15 million for a 2026 death.

Montana executor duties in statute order: notify heirs in 30 days, publish to creditors, inventory in 9 months, pay claims, then close.

Montana exempt property is up to $15,000 of household goods and vehicles, net of liens, on top of a $22,500 homestead allowance.

The Montana family allowance lets a personal representative pay a spouse and supported children up to $27,000, or $2,250 a month.

How Montana guardianship and conservatorship work under MCA Title 72, chapter 5, the filing fee, and the documents that can prevent a case.

Montana informal probate is run by the clerk with no hearing; formal probate and supervised administration go before a judge.

Who inherits without a will in Montana: the spouse's $300,000, $225,000 and $150,000 tiers under MCA 72-2-112, then the 72-2-113 order of heirs.

In Montana a personal representative gets letters from the district court after appointment and qualification. How to get them and what they prove.

A Montana pet trust is valid under MCA 72-2-1017 and 72-38-408. It lasts as long as a covered animal lives, and a named person can enforce it.
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