What Drives Probate Cost in Montana
Court filing fees are the visible starting point, but many estates also pay for certified copies, notice or publication, property recordings, appraisals, and legal help.
Montana probate filing fees do not vary by county. The fees are set by statute for the whole state, and the Montana Clerks of District Courts civil fee schedule charges $100 to open a formal, informal or ancillary probate in every one of the 56 counties: $70 under Mont. Code Ann. § 25-1-201(1)(m), $20 under § 25-1-202(1)(a) and a $10 court technology surcharge under § 3-1-317(1)(b). Every estate is filed with the clerk of the district court in the county where the decedent lived. The one cost that does vary is the newspaper charge for the notice to creditors, which § 72-3-801 requires.
Cost componentsFiling fees, add-on charges, and attorney work compared
Court Filing Fees
The court procedure chosen is often the biggest first driver of cost. Simplified procedures usually cost less than full administration.
Additional Charges
Certified copies, publication or notice costs, appraisals, and document recordings can materially change the final number.
Attorney Work
Legal fees depend on the estate's issues. A modest estate with title or creditor problems can cost more than a larger estate with clean paperwork.
How to Use the EstimateWhat the number means and which check to run next
Use the result to set expectations, not to lock in a final fee quote. If the number looks high, the next question is whether all of the property really needs probate or whether some assets already transfer outside court.
From here, compare the estate structure with the estate value calculator, review transfer structure with the beneficiary checker, and use the Montana courts page if you need the next local filing contact.
If the attorney-fee line above is the one you want help with, the Montana attorney listings name each firm and its own phone and site, so you can compare quotes yourself.
Frequently Asked Questions
What are Montana probate costs and filing fees?
Do I need an attorney for Montana probate?
How long does Montana probate take?
Official Sources and Further ReadingOfficial references used for this page
- Montana Clerks of District Courts, "Fee Schedule-Civil" (updated May 2024), the court schedule the $100 total on this page comes from: "Probate Commencement of Action - For filing formal/informal or ancillary petition $100", "Foreign Probate - With certificate $85", "Appearance $70", and "Certification - For certification with a seal $2".
- Mont. Code Ann. § 25-1-201 ("Fees of clerk of district court."), the $70 base fee for an application for informal, formal or supervised probate, which includes filing the will (subsection (1)(m)), the $55 foreign personal representative filing (1)(n), and the clerk’s copy and certificate charges (1)(d) and (1)(e).
- Mont. Code Ann. § 25-1-202 ("Additional filing fees."), the $20 added at the filing of a civil action in the district court.
- Mont. Code Ann. § 3-1-317 ("User surcharge for court information technology -- exception."), the $10 surcharge on the initiating party "in civil and probate cases".
- Mont. Code Ann. § 72-3-1101 ("Collection of personal property by affidavit."), the no-court route: 30 days after the death, when the probate estate, less liens and encumbrances, does not exceed $100,000. It moves personal property only.
- Mont. Code Ann. § 72-3-1103 ("Small estates -- summary administration procedure."), the summary route with no dollar figure, measured against the allowances and the administration, funeral and last-illness costs.
- Mont. Code Ann. § 72-3-801 ("Notice to creditors."), the required newspaper notice, once a week for 3 successive weeks, with a 4-month claim period.
- Mont. Code Ann. § 72-3-631 ("Compensation of personal representative."), reasonable compensation with no percentage schedule, which is why this page estimates no personal representative or attorney fee.
- Mont. Code Ann. § 7-4-2637 ("Fees for recording documents -- rulemaking."), the county clerk and recorder charge of $20 for the first page and $10 for each additional page, adjusted for inflation by rule from July 1, 2027.
- IRS Publication 559 for survivors, executors, and administrators
- CFPB guide to managing someone else’s money
Information current as of May 31, 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.