Skip to main content

Montana Asset Transfers After Death

How the common assets in a Montana estate actually move, with the section of the Montana Code Annotated behind each route. Montana is a Uniform Probate Code state, so most uncontested estates run through an informal appointment by the clerk of district court, and a great deal never reaches the court at all.

Title decides the route. Read the deed, the vehicle title and each account registration before deciding anything: a recorded transfer on death deed, a survivorship title, a payable-on-death designation or a vehicle beneficiary designation passes the asset outside probate and controls over the will (Mont. Code Ann. 72-6-111).

Usually Outside Probate

These pass by contract, by title or by a beneficiary designation, without a personal representative and without a court file.

Usually Needs Estate Authority

Property in the decedent's sole name with no survivorship and no beneficiary, where the value or the asset type puts it beyond the $100,000 affidavit.

A claim or lawsuit belonging to the decedent

Special Review Needed

Montana rules that do not match the national pattern, or where a nonprobate route does not settle who keeps the property.

Medicaid estate recovery reaches joint tenancy, life estate and living trust property (53-6-167(5)(a))

Not sure if this estate needs probate?

Answer a few questions to see whether probate is likely and which transfer path fits. Free, no signup required.

Take the 2-minute assessment

Select an Asset Type

Montana real and personal property devolves at death to the devisees under the will, or to the heirs without one, subject to the homestead allowance, exempt property, family allowance, creditors, the elective share and administration (Mont. Code Ann. 72-3-101(2)). Deeds and death statements are recorded with the COUNTY CLERK AND RECORDER of the county where the land lies. Recording costs $20 for the first page and $10 for each additional page (7-4-2637).

Pro Tips

  • -Search the county clerk and recorder's records for a recorded transfer on death deed or revocation before assuming a house is in the probate estate.
  • -Montana has no real property transfer tax (Mont. Const. art. VIII, sec. 17); the realty transfer certificate is an information filing, and a transfer from a decedent's estate is exempt from disclosing the consideration (15-7-307).

Frequently Asked Questions

What is the difference between probate and non-probate assets?
Probate assets are owned solely by the deceased with no designated beneficiary, requiring court supervision to transfer. Non-probate assets have built-in transfer mechanisms like beneficiary designations, joint ownership, or trust ownership.
What assets avoid probate in Montana?
Assets that typically avoid probate include: life insurance with named beneficiaries, retirement accounts (401k, IRA) with beneficiaries, jointly owned property with right of survivorship, TOD (Transfer on Death) accounts, POD (Payable on Death) accounts, and assets held in a living trust.
What is a TOD or POD designation?
TOD (Transfer on Death) and POD (Payable on Death) are beneficiary designations that allow assets to pass directly to a named beneficiary upon death, bypassing probate.
Does joint ownership avoid probate?
Only joint ownership with "right of survivorship" avoids probate. This includes joint tenancy with right of survivorship and tenancy by the entireties (for married couples in some states).
SourcesOfficial references used for this page

Information current as of April 11, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Montana can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

More Montana Resources

Explore the rest of the Montana probate hub.

Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets4 pages
File and learn5 pages