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Montana Probate and Estate Forms

Montana probate is filed with the clerk of district court in the county where the decedent lived, and the forum is the same in all 56 counties. The State Law Library publishes free, unnumbered self-help packets for collecting personal property by affidavit and for administering a small estate. Larger or contested estates use pleadings whose contents the Montana Uniform Probate Code prescribes, usually drafted by an attorney.

Montana Probate Forms by Situation

Start at the Montana Judicial Branch forms index at courts.mt.gov/Forms and open End of Life Decisions, which is where the probate packets live (there is no separate probate topic). Search by the form title, because the forms have no numbers. The Property page holds the joint-tenancy and deed forms, and the Fee Waiver Form is linked from the forms index itself.

Find Forms By Your Situation

Recommended procedure:

Collection of personal property by affidavit under Mont. Code Ann. 72-3-1101. No court filing and no fee.

Wait 30 days after the death, sign before a notary, and give a copy to each holder with a death certificate. Real estate counts toward the $100,000 but cannot be collected this way.

Forms you'll need:

Affidavit for Collection of Personal Property

Montana Judicial Branch, State Law Library: the Affidavit for Collection of Personal Property Packet (Word document) on courts.mt.gov/Forms/endoflife, with plain-language instructions

Open the official forms page to download these

Official Resources

Start at the Montana Judicial Branch forms index at courts.mt.gov/Forms and open End of Life Decisions, which is where the probate packets live (there is no separate probate topic). Search by the form title, because the forms have no numbers. The Property page holds the joint-tenancy and deed forms, and the Fee Waiver Form is linked from the forms index itself.

Montana State Law Library Forms - Wills, Trusts, Powers of Attorney, Estate Planning, Probate

The Judicial Branch page that carries every probate form Montana publishes: the Affidavit for Collection of Personal Property packet, the How to Administer a Small Estate packet, the Fiduciary Statement and the Affidavit of Death, plus links to the MCA chapters.

Montana Judicial Branch - Forms (all topics)

The statewide forms index. Probate is under End of Life Decisions; the fee waiver form and the Property forms are linked here too.

Montana Judicial Branch - Property Forms

Termination of Joint Tenancy, a quitclaim deed, the Realty Transfer Certificate and homestead declaration forms.

Clerk of District Court Fee Schedule-Civil (Updated May 2024)

The clerks' published schedule: $100 to file a formal, informal or ancillary probate petition and $85 for a foreign probate with certificate, the same in every county.

Montana District Courts and Court Locator

Pick the county in the By County list to reach the Court Locator page with that county's clerk of district court address and phone.

Montana Court Help Program

Free information on common civil legal issues, (406) 841-2975, and county resource guides.

Montana Code Annotated, Title 72, Chapter 3 (Probate and Administration)

The statutes that prescribe what an application, petition, inventory, notice and closing statement must contain when no court form exists.

Montana DPHHS Sample Legal Forms (transfer on death deed, will, powers of attorney)

The State Law Library links here for the transfer on death deed and planning forms. These are planning documents made during life, not probate filings.

Important Notes

  • -Montana probate is filed with the CLERK OF DISTRICT COURT of the county where the decedent was domiciled (Mont. Code Ann. 72-3-112). There is no probate court and no registrar: the clerk decides informal applications (72-1-103(7) and (24)).
  • -The probate filing fee is $100 in every county under the clerks' published schedule (Updated May 2024): $70 under 25-1-201(1)(m), $20 under 25-1-202 and a $10 technology surcharge under 3-1-317. A foreign probate with certificate is $85. The statute alone shows $70, which is not what the counter charges.
  • -The affidavit for collecting personal property is not filed with a court and costs nothing to use.
  • -Montana's State Law Library forms have no form numbers. Search for them by title on courts.mt.gov.
  • -The small-estate packet describes the summary-procedure ceiling without the family allowance, while the statute (72-3-1103) and the packet's own closing statement include it. Follow the statute.
  • -Publishing notice to creditors is mandatory in Montana, and the inventory is due within nine months of appointment, not three.
  • -Every applicant for appointment must sign the 72-3-109 fiduciary acknowledgment, whether or not the packet you use includes it.
  • -The motor vehicle division's sites could not be read for this page, so no MVD form number or fee is stated as confirmed.

Sources: https://courts.mt.gov/Forms/endoflife | https://courts.mt.gov/Forms/

Not sure which Montana forms you need?

Answer a few questions to sort the likely filing path before you pick forms or contact the District Court.

Take the 2-minute assessment

You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in Montana
How to Use Montana Probate FormsWhy the filing path comes before the form number

The form finder groups records such as Collecting Personal Property Without Probate, Opening an Informal Probate, Administration and Closing, Real Property That Passed Outside Probate so you can start with the likely procedure rather than one isolated form number.

Use source links such as Montana State Law Library Forms - Wills, Trusts, Powers of Attorney, Estate Planning, Probate, Montana Judicial Branch - Forms (all topics), Montana Judicial Branch - Property Forms to locate official forms and verify which documents belong in the packet.

Montana Form Prep ChecksCounty packet rules and the records to gather before filing

Choose the filing path

Common filing paths in this data include Collection of personal property by affidavit under Mont. Code Ann. 72-3-1101. No court filing and no fee., If the title names a transfer-on-death beneficiary, that person claims it under Mont. Code Ann. 61-3-226. Otherwise an heir may use the 61-3-222 affidavit, or the personal representative transfers it under 61-3-221., Informal appointment by the clerk, then summary distribution and closing under Mont. Code Ann. 72-3-1103 and 72-3-1104., Informal probate or appointment through the clerk of district court, publication of notice to creditors, inventory within nine months, and closing by sworn statement under Mont. Code Ann. 72-3-1004.. Match the estate facts to the correct path before preparing forms.

Verify the county packet

Check the county District Court or local filing-office instructions for coversheets, copy rules, appointments, fees, and filing methods.

Pull supporting records first

Collect the original will if one exists, certified death certificates, asset values, deed or title records, heir and beneficiary details, and creditor information before filling out the packet.

Frequently Asked Questions

Where can I get Montana probate forms?
Start with Montana State Law Library Forms - Wills, Trusts, Powers of Attorney, Estate Planning, Probate, Montana Judicial Branch - Forms (all topics), Montana Judicial Branch - Property Forms. Then verify local county instructions before you file, because packet rules, copy requirements, fees, and filing methods can vary.
How do I know which Montana probate form I need?
Start with the filing path, not the form number. The right packet depends on will status, asset type and value, creditor issues, heirs or beneficiaries, and whether a simplified procedure fits.
Can I file Montana probate forms without an attorney?
Some paths may allow self-filing, but this state data includes categories or situations where attorney help may be required or strongly expected. Verify the county rules and get legal help when rights, disputes, real estate, creditors, or tax facts are unclear.
What should I gather before filling out Montana probate forms?
Gather the original will if one exists, certified death certificates, asset and debt lists, deed or title records, beneficiary records, and names and addresses for heirs or beneficiaries.
Montana Official Forms and SourcesOfficial references used for this page

Information current as of September 27, 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.

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