Why Probate Mistakes Get Expensive FastHow one missed step compounds into extra court work, cost, and liability
This Montana pitfall list covers 12 common estate-settlement mistakes, including 8 high-risk and 2 medium-risk items. Start with the high-risk items before moving money, filing a petition, or relying on a shortcut procedure.
Common consequences include A sworn affidavit that misstates the value of the estate, Liability to account for the property to a personal representative or anyone with a better right (Mont. Code Ann. 72-3-1102(3)), A later probate anyway, to deal with the house. That is why the page links each pitfall to practical avoidance steps and source context.
Mistake CategoriesHow the mistakes above group by risk type, with item counts
Legal Deadline
Statutory deadlines that close a route when they pass 3 items on this page relate to this category.
Fiduciary Duty
Duties, conflicts and personal liability of the personal representative 3 items on this page relate to this category.
Process Choice
Choosing the wrong procedure, timing or form 3 items on this page relate to this category.
Property Rights
Nonprobate transfers, spousal rights and state recovery 2 items on this page relate to this category.
Costs And Fees
Court fees and cost surprises 1 item on this page relate to this category.
What to Check Before You Move Estate PropertyThree quick checks: the probate path, the filing packet, and open tasks
Frequently Asked Questions
What are common probate mistakes in Montana?
Why do Montana probate cases get delayed?
How can I reduce executor mistakes in Montana?
Statute and Agency SourcesOfficial references used for this page
- Mont. Code Ann. § 72-3-1101: Collection of personal property by affidavit.
- Mont. Code Ann. § 72-3-801: Notice to creditors.
- Mont. Code Ann. § 72-3-807: Classification of claims as to priority of payment.
- Mont. Code Ann. § 72-3-225: Duty of clerk to make appointment -- effect.
- Mont. Code Ann. § 61-3-222: Surviving spouse or heir -- small estates.
- Mont. Code Ann. § 72-6-410: Revocation by instrument authorized -- revocation by act not permitted.
- Mont. Code Ann. § 72-2-241: Proceeding for elective share -- time limit.
- Mont. Code Ann. § 72-3-122: Time limit on probate, testacy, and appointment proceedings -- exceptions.
- Mont. Code Ann. § 72-3-1015: Estate to be closed within two years.
- Mont. Code Ann. § 72-3-615: Transaction involving conflict of interest -- voidable -- exceptions.
- Montana Clerks of District Courts, Fee Schedule-Civil (Updated MAY 2024)
- Mont. Code Ann. § 53-6-167: Recovery of medicaid benefits after recipient's death.
- Mont. Code Ann. § 72-3-1102: Effect of affidavit.
- Mont. Code Ann. § 72-3-803: Nonclaim -- limitations on presentation of claims -- exceptions.
- Mont. Code Ann. § 72-3-808: Payment of claims.
- Mont. Code Ann. § 61-3-226: Certificate of title -- transfer on death -- definition.
- Mont. Code Ann. § 61-3-221: Involuntary transfer.
- Mont. Code Ann. § 72-6-414: Liability for creditor claims and statutory allowances.
- Mont. Code Ann. § 72-3-607: Inventory -- appraisal.
- Mont. Code Ann. § 72-3-1004: Closing estate by sworn statement of personal representative.
- Mont. Code Ann. § 72-3-109: Acknowledgment of fiduciary relationship and obligations -- personal representative, guardian, or conservator.
- Mont. Code Ann. § 25-1-201: Fees of clerk of district court.
- Mont. Code Ann. § 25-1-202: Additional filing fees.
- Mont. Code Ann. § 3-1-317: User surcharge for court information technology -- exception.
- Montana Judicial Branch, Statement of Inability to Pay Court Costs and Fees
- Montana DPHHS Office of Inspector General, Third Party Liability: Estate Recovery
- Mont. Code Ann. § 72-3-112: Venue for estate proceedings.
- Mont. Code Ann. § 72-3-603: Notice of appointment to heirs and devisees.
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.