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Montana Informal Probate and Formal Probate
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Montana Informal Probate and Formal Probate

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

By Settled Editorial

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Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.

Montana informal probate is handled by the clerk of district court on the papers, with no hearing and no notice to heirs beforehand. Formal probate is a court case before a district judge, with notice to interested persons and a hearing. MCA 72-1-103(24) defines informal proceedings as those "conducted without notice to interested persons by the clerk of court," and MCA 72-3-302(1) calls a formal testacy proceeding "litigation to determine whether a decedent left a valid will." A third track, supervised administration, keeps the whole estate under a judge until the end.

All three are full administration: a personal representative is appointed, receives letters, and administers the probate estate. They differ in who decides, who gets notice, and how much the court watches afterward. This page compares them under the Montana Code Annotated 2025. For the probate process from start to finish, including where to file and the opening fee, start with the Montana probate guide.

The Three Tracks at a Glance

Informal probate or appointmentFormal testacy or appointmentSupervised administration
Who decidesClerk of district courtDistrict judgeDistrict judge
Notice before the decisionOnly to people who filed a demand and to any prior personal representative (72-3-211)To the spouse, heirs, devisees, named executors and any prior personal representative, plus publication for unknown persons (72-3-305)As for a formal proceeding (72-3-402)
HearingNoneYesYes
Court involvement after appointmentNone unless someone asksNone unless someone asksContinuing, until an order approving distribution and discharging the personal representative (72-3-401)
DistributionPersonal representative distributesPersonal representative distributesOnly with a prior court order (72-3-404)
Usual fitUncontested estatesA disputed will, a disputed appointment, or a need for a binding orderA will that directs it, or a court finding that protection is needed

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Informal Probate: The Clerk Decides

Most Montana estates use this track. Other Uniform Probate Code states hand it to a "registrar." Montana gives it to the clerk.

The application. An interested person files a sworn application with the clerk in the county where the decedent was domiciled. The clerk then checks the items MCA 72-3-212 lists for a will: that the application is complete and sworn, that the applicant is an interested person, that venue is proper, that an original, duly executed and apparently unrevoked will is in the clerk's possession, that any demanded notice was given, and that the time limit for original probate has not run. For an appointment, 72-3-222 sets a parallel list, including that the applicant has priority.

Notice. Under 72-3-211, the applicant gives notice of an informal probate only to someone who filed a demand for notice under 72-3-106 and to any personal representative whose appointment has not ended. "No other notice of informal probate is required." Heirs and devisees are told after appointment instead: MCA 72-3-603 requires the personal representative to notify them within 30 days.

Timing. Under 72-3-225(1), the clerk appoints the applicant once at least 120 hours have passed since the death and the findings are made. For a nonresident decedent, the clerk waits 30 days after death unless the applicant was appointed at the domicile or the will directs that Montana law govern.

Informal does not mean unprotected. The appointment creates full powers under 72-3-225(2), and anyone who disagrees can start a formal proceeding at any time within the limits of MCA 72-3-122.

Formal Probate: A Judge Decides After Notice

A formal testacy proceeding decides whether the decedent left a valid will. Under 72-3-302(2), an interested person can file a petition asking the court to:

  • enter an order probating a will after notice and hearing,
  • set aside an informal probate, or stop an informal probate that is pending, or
  • declare that the decedent died without a will.

The petition may ask for appointment of a personal representative too, but it does not have to (72-3-302(4)).

Notice and hearing. Under 72-3-305, the court or clerk sets a hearing, and the petitioner gives notice to the surviving spouse, children and other heirs, the devisees and executors named in any will offered for probate, and any personal representative whose appointment has not ended. The petitioner also gives notice by publication to unknown persons and to known persons whose addresses are unknown.

Effect on informal filings. While a formal testacy proceeding is pending, 72-3-303 bars the clerk from acting on any informal application to probate a will or appoint a personal representative for the same decedent.

When families use it. A formal proceeding makes sense when a will may be challenged, when two people claim the right to serve, when heirs cannot be identified, or when the family wants a binding court order rather than a clerk's statement. The Montana will contests guide covers the grounds and the burdens under 72-3-310.

Supervised Administration: The Judge Stays Involved

Supervised administration is not the same thing as formal probate. MCA 72-3-401 describes it as "a single in rem proceeding to secure complete administration and settlement" of the estate "under the continuing authority of the court," lasting until an order approving distribution and discharging the personal representative.

Who can ask. Under 72-3-402(1), any interested person or the personal representative may petition at any time, or join the request to a formal testacy or appointment petition.

When the court orders it. After notice, 72-3-402(2) requires the court to order supervised administration:

  • if the will directs it, unless circumstances have changed and it is no longer necessary,
  • if the will directs unsupervised administration, only on a finding that supervision is necessary to protect interested persons, or
  • in other cases, if the court finds it necessary under the circumstances.

What changes. A supervised personal representative keeps the ordinary powers without interim orders, but under 72-3-404 may not make any distribution without a prior court order, and any other restriction the court orders is endorsed on the letters. Once a petition for supervision is filed and the personal representative has notice of it, 72-3-403(3) stops distributions right away. A supervised estate also cannot close by sworn statement; it closes by court order.

What All Three Tracks Share

Whichever track a family uses, the same duties follow appointment:

  • Qualify by filing any required bond and a statement of acceptance, then receive letters. The Montana letters testamentary guide covers that step.
  • Notify heirs and devisees within 30 days (72-3-603).
  • Publish notice to creditors once a week for 3 successive weeks (72-3-801).
  • Prepare an inventory within 9 months after appointment (72-3-607).
  • Give the sworn accounting required by 72-3-1005 before the estate closes.
  • Close no earlier than 6 months after appointment, by sworn statement or court order. The guide to closing an estate in Montana compares the two.

Montana's 2-year show-cause rule in 72-3-1015 applies to every track.

Picking a Track

The choice usually follows the facts rather than a preference:

  • A valid will, a named personal representative, and no one objecting points to informal probate.
  • No will and agreement on who should serve also points to an informal appointment under the 72-3-502 priority list.
  • A disputed will, a competing applicant, or missing heirs points to a formal proceeding.
  • A will that directs supervision, or a real risk to a beneficiary points to supervised administration.

An estate small enough for the $100,000 affidavit under MCA 72-3-1101 may not need any of these tracks. The Montana small estate affidavit guide explains that route.

Related Montana Guides

Sources:

This guide explains Montana law in general terms. It is not legal advice.

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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