Montana Probate Bond Requirements

A Montana probate bond is a surety bond that a personal representative posts to protect the heirs, devisees and creditors if the estate is mishandled. Montana does not ask for one in the ordinary case. MCA 72-3-513(1) says bond is not required of a personal representative appointed in informal proceedings, and it lists three exceptions: a special administrator, a will that expressly requires bond, and a written demand under 72-3-514 from someone with more than $5,000 at stake.

In a formal proceeding the answer belongs to the district court, which may order bond at the time of appointment under 72-3-513(2). When a bond is required, 72-3-515 sets the amount by a formula the personal representative fills in under oath, not by a dollar figure printed in the code.

Every rule below was read on September 27, 2026 at its section page on mca.legmt.gov, the Montana Legislature's host for the Montana Code Annotated 2025. The Legislature meets in odd years, so the 2025 code is the text in force. Sections 72-3-513, 72-3-515 and 72-3-516 were last amended in 2009, 72-3-512 has not been amended since its 1974 enactment, and 72-3-514 was last amended in 2019 by Chapter 313, the 2019 revision of the probate code. This page is general information about Montana law, not advice about one estate.

Situation	Is a bond required?	Statute
Informal appointment, no exception applies	No	72-3-513(1)
Special administrator appointed in an informal proceeding	Yes	72-3-513(1)(a)
The will contains an express requirement of bond	Yes	72-3-513(1)(b)
An interested person or creditor with more than $5,000 at stake files a demand	Yes, from the filing	72-3-513(1)(c), 72-3-514
Formal appointment	If the court orders it	72-3-513(2)
Formal appointment, the will waives bond	No, unless an interested party asks and the court finds bond desirable	72-3-513(2)
The personal representative has deposited cash or collateral with a state agency under a statute	No	72-3-513(3)
A public administrator	The official bond stands in for it, though the court may require another when real estate is ordered sold	72-15-103(2)

No Bond in an Informal Proceeding

An informal proceeding runs through the clerk of district court rather than a hearing before the judge. The Montana probate guide explains informal versus formal probate and how an application reaches the clerk. For an informal appointment, the bond rule starts at no.

MCA 72-3-513(1) then names the three cases where bond is required anyway.

A special administrator. Under 72-3-513(1)(a), bond is required "upon the appointment of a special administrator." A special administrator is a temporary appointee, and 72-3-702(1) says the person named executor in a will "shall be appointed if available and qualified" when the appointment is made pending the probate of that will.
A will that asks for bond. Under 72-3-513(1)(b), bond is required when a personal representative is appointed to administer an estate "under a will containing an express requirement of bond." A testator who wants the executor bonded has to say so in the will.
A demand. Under 72-3-513(1)(c), bond is required when 72-3-514 requires it. That section is the one that catches personal representatives off guard, and the next section covers it.

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Formal Proceedings: The Court Decides

A formal proceeding runs through a petition and a judge. MCA 72-3-513(2) gives the district court discretion: bond "may be required by court order at the time of appointment of a personal representative appointed in any formal proceeding."

Two rules about the will sit inside the same subsection.

A waiver in the will usually holds. Bond is not required in formal proceedings "if the will relieves the personal representative of bond." The waiver gives way only if an interested party has requested bond "and the court is satisfied that it is desirable." Both conditions must be met.
A bond clause in the will can be lifted. "Bond required by any will may be dispensed with in formal proceedings upon determination by the court that it is not necessary."

So a will's instruction runs one way in an informal proceeding and gets a second look in a formal one. An informal appointment follows the will's express bond requirement under 72-3-513(1)(b). Only a court, in a formal proceeding or on a petition under 72-3-515(3), can set it aside.

MCA 72-3-513(3) adds one more exemption: no bond is required of a personal representative who, under a statute, "has deposited cash or collateral with an agency of this state to secure performance" of the personal representative's duties.

A Demand for Bond Over $5,000

MCA 72-3-514 lets someone with a real stake in the estate force a bond after the appointment. Here is how it works.

Who can demand. "Any person apparently having an interest in the estate worth in excess of $5,000 or any creditor having a claim in excess of $5,000." The section does not limit the creditor branch to unsecured creditors.
How. The demand is written and "must be filed with the clerk and a copy mailed to the personal representative, if appointment and qualification have occurred."
Effect. "Upon filing of the demand, bond is required." The requirement ends if the person who demanded it stops being interested in the estate, or if bond is excused under 72-3-513 or 72-3-515.
The freeze. Under 72-3-514(2), once the personal representative receives notice and until the bond is filed or the requirement ends, the personal representative "shall refrain from exercising any powers" of the office "except as necessary to preserve the estate." A sale or distribution that is not needed to preserve the estate has to wait.
The deadline. Under 72-3-514(3), failing to give suitable bond "within 30 days after receipt of notice is cause for removal and appointment of a successor personal representative."

Removal itself runs through 72-3-526. An interested person petitions, the court sets a hearing, and after notice of the removal proceeding the personal representative may act only to account, correct maladministration or preserve the estate unless the court orders otherwise. The removal statute also lists mismanaging the estate and failing to perform any duty of the office as cause, so a personal representative who ignores a demand gives the petitioner two grounds. The page on the personal representative's duties covers the rest of the job.

How Much the Bond Must Be

Montana prints no bond amount and no percentage. MCA 72-3-515(1) sets the method.

When it applies. Only if bond is required and the will or order does not specify the amount, and the application or petition has not stated it.
The sworn estimate. The person qualifying "shall file a statement under oath with the clerk indicating the person's best estimate of the value of the personal estate of the decedent and of the income expected from the personal and real estate during the next year."
The floor. The person then files a bond with the clerk, "or give other suitable security," in "an amount not less than the estimate."

Read the formula closely, because it treats land differently from everything else. The value of the personal estate goes in. From real estate, only the income expected during the next year goes in, such as rent. A $400,000 ranch with no rental income adds nothing to the bond, while a $400,000 brokerage account adds $400,000.

The statute does not deduct debts or secured claims from the estimate. It also says nothing about the premium a surety company charges. That price comes from the surety, not from Montana law, so ask the bonding company for a quote.

Who can be a surety

MCA 72-3-515(2) tells the clerk to confirm the bond "is duly executed by a corporate surety or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property, or other adequate security." A relative can sign as an individual surety, but only with collateral behind the promise.

Lowering or removing the bond

MCA 72-3-515(3) gives two routes.

Restricted deposits, through the clerk. The clerk "may permit the amount of the bond to be reduced by the value of assets of the estate deposited with a domestic financial institution in a manner that prevents their unauthorized disposition." Money held in an account that cannot be withdrawn without a court order reduces the bond dollar for dollar.
A petition, through the court. On petition of the personal representative or another interested person, the court "may excuse a requirement of bond, increase or reduce the amount of the bond, release sureties, or permit the substitution of another bond with the same or different sureties."

What the Bond Promises and Who It Binds

MCA 72-3-516 writes the terms of every personal representative bond in Montana.

Obligee. The bond names "the state as obligee for the benefit of the persons interested in the estate."
Condition. It is "conditioned upon the faithful discharge by the fiduciary of all duties according to law."
Joint liability. Unless the approved bond says otherwise, "sureties are jointly and severally liable with the personal representative and with each other." The bond must state each surety's address.
Jurisdiction. By signing, the surety consents to the jurisdiction of the probate court that issued letters, and notice of a proceeding goes to the surety by delivery or certified mail.
Who can sue on it. A successor personal representative, any other personal representative of the same decedent, or any interested person may start a proceeding against the surety.
Repeat claims. The bond "is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted."
The limit. Under 72-3-516(2), no action may be started against the surety on any matter already barred against the personal representative "by adjudication or limitation."

When the Bond Must Be on File

Bond comes before authority. MCA 72-3-512 says that "prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office." No letters, no power to deal with banks or title companies. When bond is triggered later by a demand, 72-3-514 sets the 30-day clock instead.

Estates That Skip the Question

A bond attaches to an appointed personal representative. The affidavit procedure in MCA 72-3-1101 lets a successor collect personal property without anyone being appointed, so no bond arises. The Montana small estate options guide sets out when the affidavit is available and when an estate needs an appointment.

Steps for a Personal Representative

Read the will for a bond clause. An express requirement binds an informal appointment. A waiver matters in a formal one.
Decide informal or formal. Informal keeps bond off by default. Formal puts it in the judge's hands.
If bond is required, prepare the sworn estimate under 72-3-515(1): personal estate value plus a year of expected income from personal and real estate.
Price the bond with a surety, and ask whether moving cash into a restricted account under 72-3-515(3) would lower it.
File the bond and the statement of acceptance with the court before letters issue, under 72-3-512.
If a demand arrives, stop acting except to preserve the estate, and post bond within 30 days of notice.

The Montana probate courts directory lists the clerk of district court for each county. For a contested demand or a petition to excuse bond, talk with a licensed Montana attorney.

Frequently Asked Questions

Does a Montana personal representative have to post a bond?

Not in an informal proceeding, unless an exception applies. MCA 72-3-513(1) says bond is not required of a personal representative appointed in informal proceedings except upon the appointment of a special administrator, when the will contains an express requirement of bond, or when bond is required under 72-3-514 after a demand. In a formal proceeding, 72-3-513(2) lets the district court order bond at the time of appointment.

Can a Montana will waive the probate bond?

In a formal proceeding, yes, with one limit. MCA 72-3-513(2) says bond is not required of a personal representative appointed in formal proceedings if the will relieves the personal representative of bond, unless an interested party has requested bond and the court is satisfied that it is desirable. In an informal proceeding the waiver adds little, because bond is already off by default there, and it cannot stop a demand under 72-3-514.

Who can demand a bond from a Montana personal representative?

Under MCA 72-3-514(1), any person apparently having an interest in the estate worth more than $5,000, or any creditor with a claim of more than $5,000. The demand is written, filed with the clerk, and mailed to the personal representative if appointment and qualification have occurred. Filing it makes bond required. The personal representative must then stop using the powers of the office except as needed to preserve the estate, and failing to post suitable bond within 30 days after receiving notice is cause for removal.

How much is a probate bond in Montana?

Montana sets a method, not a dollar figure. If the will, the order, the application or the petition does not state the amount, MCA 72-3-515(1) has the person qualifying file a sworn statement with the clerk giving a best estimate of the value of the decedent's personal estate and of the income expected from the personal and real estate during the next year. The bond must be at least that estimate. The value of real estate itself is not in the formula, only the income it is expected to produce.

Can the bond amount be reduced in Montana?

Yes, two ways. MCA 72-3-515(3) lets the clerk reduce the bond by the value of estate assets deposited with a domestic financial institution in a manner that prevents their unauthorized disposition. On petition of the personal representative or another interested person, the court may excuse the bond, increase or reduce it, release sureties, or allow a substitute bond.

What happens to the surety if the personal representative mismanages the estate?

The surety answers for it. MCA 72-3-516 makes the bond run to the State of Montana for the benefit of the persons interested in the estate, conditioned on the faithful discharge of the personal representative's duties. Unless the bond says otherwise, sureties are jointly and severally liable with the personal representative, the surety consents to the jurisdiction of the probate court, and the bond is not void after the first recovery. A surety cannot be sued on a matter already barred against the personal representative.

Sources:

Title: MCA 72-3-513, Bond -- when required. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0050/section_0130/0720-0030-0050-0130.html
Title: MCA 72-3-514, Demand for bond by interested person. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0050/section_0140/0720-0030-0050-0140.html
Title: MCA 72-3-515, Bond amount -- security -- reduction. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0050/section_0150/0720-0030-0050-0150.html
Title: MCA 72-3-516, Terms of bond -- liability of surety. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0050/section_0160/0720-0030-0050-0160.html
Title: MCA 72-3-512, Qualification -- filing of bond and statement of acceptance. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0050/section_0120/0720-0030-0050-0120.html
Title: MCA 72-3-526, Termination of appointment -- removal for cause. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0050/section_0260/0720-0030-0050-0260.html
Title: MCA 72-3-702, Special administrator -- who may be appointed. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0070/section_0020/0720-0030-0070-0020.html
Title: MCA 72-15-103, Requirement to procure letters of administration -- bond and oath. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0150/part_0010/section_0030/0720-0150-0010-0030.html
Title: MCA 72-3-1101, Collection of personal property by affidavit. Publisher: Montana State Legislature, Montana Code Annotated 2025. Publication Date: Accessed 2026-09-27. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0110/section_0010/0720-0030-0110-0010.html

It is not legal advice.