Montana Probate Guide | Settled Estate

Montana probate is the court process that proves a will, appoints a personal representative, settles the estate's debts, and passes what is left to the heirs or devisees. One court hears it. MCA 72-1-103(9) defines the court as "the district court in this state having jurisdiction in matters relating to the affairs of decedents," and MCA 72-1-202 gives it jurisdiction over all subject matter relating to estates of decedents. That court is the district court, in each of Montana's 56 counties.

Montana has no separate probate court. The papers go to the Clerk of District Court of the county, and 72-1-103(7) defines "clerk" as the clerk of the district court. Montana also groups its counties into 22 judicial districts, and those districts are an administrative grouping, not a place to file. Use the clerk of district court for your county directory to find the office that takes your filing.

Read this page as a map of the process rather than a filing packet. Montana adopted the Uniform Probate Code in Title 72, which gives an estate a choice of tracks. What follows walks the tracks, then the clocks, then what the clerk charges.

Three Tracks, and the Clerk Runs the First One

A Uniform Probate Code state lets an estate choose how much court it wants. Montana offers three tracks. They differ in who decides and who gets notice, not in what the personal representative owes the beneficiaries afterward.

Informal probate, decided by the clerk

This is the ordinary route for an uncontested Montana estate, and no judge sees it. Most Uniform Probate Code states hand informal cases to a "registrar." Montana's code gives that job to the clerk. MCA 72-1-103(24) defines informal proceedings as "proceedings conducted without notice to interested persons by the clerk of court for probate of a will or appointment of a personal representative," and 72-1-103(2) defines an application as "a written request to the clerk."

The clerk checks a list rather than weighing evidence. For a will, MCA 72-3-212 has the clerk confirm 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, and that the time limit has not run. MCA 72-3-222 runs the same checks for an appointment and adds one more: the applicant must have priority for the job.

Two waiting periods apply. Under MCA 72-3-215(1), the clerk issues a written statement of informal probate only once at least 120 hours have passed since the death. MCA 72-3-225(1) sets the same 120-hour wait for an informal appointment, then adds a longer one for a nonresident decedent: the clerk delays the appointment until 30 days after the death, unless the applicant is the personal representative appointed at the decedent's domicile or the will directs that Montana law govern the estate.

Informal probate needs very little notice. MCA 72-3-211 requires notice of the application only to a person who has filed a demand for notice under 72-3-106 and to any personal representative whose appointment has not been terminated, and subsection (2) says no other notice is required. The family hears about it after the fact, through the notice of appointment covered below.

An informal appointment is a full appointment. Section 72-3-225(2) says the status, powers and duties of the office are fully established by it, and that the appointment is not subject to retroactive vacation. For a side-by-side table of the three tracks, see informal probate versus formal probate.

Formal testacy, decided by a judge

MCA 72-1-103(19) defines formal proceedings as "proceedings conducted before a judge with notice to interested persons." MCA 72-3-302(1) calls a formal testacy proceeding "litigation to determine whether a decedent left a valid will." An interested person starts one to have the court probate a will after notice and hearing, to set aside an informal probate or block a pending one, or to get an order that the decedent died intestate. This is the route when a will is contested or when the family wants a judge's order rather than the clerk's statement. See contesting a will in Montana for that branch.

The notice burden grows with it. Under MCA 72-3-305, the court or clerk fixes a time and place of hearing, and the petitioner gives notice to the surviving spouse, the children and other heirs, the devisees and executors named in any will offered for probate, and any personal representative still in office. The petitioner also publishes notice to unknown persons and to known persons whose addresses are unknown.

Supervised administration, where the court stays involved

MCA 72-3-401 makes supervised administration a single in rem proceeding under the continuing authority of the court, lasting until an order approves distribution and discharges the personal representative. A supervised personal representative answers to the court as well as to the interested parties. Under MCA 72-3-402, any interested person or the personal representative may petition for it at any time, and the court orders it when the will directs it (unless circumstances have changed) or when the court finds it necessary. A supervised estate cannot close with the ordinary sworn closing statement.

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Where You File, and Who Gets Appointed

MCA 72-3-112(1) sets venue for the first proceeding in the county where the decedent was domiciled at death. If the decedent lived outside Montana, venue lies in any county where the decedent's property was located at death. Later proceedings stay where the first one started unless the court transfers them. An out-of-state decedent with Montana land raises its own questions, and the guide to Montana ancillary probate answers them.

Appointment follows a statutory order. MCA 72-3-502 ranks people who are not disqualified, in formal and informal cases alike:

The person with priority under a probated will, including someone nominated under a power in the will.
The surviving spouse who is a devisee.
The custodial parent of a minor decedent.
Other devisees.
The surviving spouse.
The parent of an adult decedent whose surviving issue are all minors.
Other heirs.
The public administrator.
Any creditor, but only 45 days after the death.

Rows 3 and 6 are Montana's own additions to the uniform list. Who inherits when there is no will is a separate question from who serves, and Montana intestate succession covers it.

Bond is the exception. Under MCA 72-3-513(1), an informally appointed personal representative gives no bond unless the appointment is of a special administrator, the will expressly requires bond, or someone demands it. MCA 72-3-514(1) lets a person whose interest in the estate is worth more than $5,000, or a creditor with a claim over $5,000, file a written demand with the clerk, and bond is then required.

What the Personal Representative Does First

Once letters issue, the work follows statutory deadlines. MCA 72-3-603(1) requires the personal representative, within 30 days of appointment, to deliver or mail information about the appointment to the heirs and devisees whose addresses are reasonably available. The notice names the personal representative, says whether bond was filed, and names the court where the papers are on file.

The inventory clock is longer in Montana than in the model code. MCA 72-3-607(1) gives the personal representative 9 months after appointment to prepare an inventory of probate property, listing each item's fair market value at the date of death and any encumbrance. Under 72-3-607(3), the personal representative either sends a copy to the heirs, devisees and unpaid creditors who ask for it, or files the original with the court and sends copies on request.

Pay is set by a standard, not a schedule. MCA 72-3-631(1) entitles a personal representative to "reasonable compensation for services," with no percentage of the estate anywhere in the section. The full list of duties lives in what the personal representative has to do.

Creditors: Publication Is Mandatory

Montana tells the personal representative to publish. MCA 72-3-801(1) says a personal representative, on appointment, "shall publish a notice once a week for 3 successive weeks in a newspaper of general circulation in the county," telling creditors to present their claims within 4 months after the first publication or be forever barred. Under 72-3-801(2), a creditor who also receives written notice gets the later of 4 months from the published notice or 30 days from the mailing. Subsection (3) says the personal representative is not liable to a creditor or successor for giving or failing to give notice.

Behind that sits an outer bar. MCA 72-3-803(1) bars every claim that arose before the death unless it is presented within the earlier of 1 year after the death or the 72-3-801 notice periods. Publishing pulls that deadline closer; it never pushes it out. Section 72-3-803(4) leaves mortgage and lien enforcement untouched, along with claims within the limits of liability insurance.

Two Routes That Avoid a Full Administration

Montana has two small-estate routes, and only one carries a dollar figure.

The affidavit. MCA 72-3-1101(1) requires anyone who owes the decedent money or holds the decedent's tangible personal property, or an instrument such as a stock certificate, to pay or deliver it to a successor who presents an affidavit stating that the value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000; that 30 days have passed since the death; that no application or petition for appointment of a personal representative is pending or has been granted anywhere; and that the successor is entitled to the property. The figure has been $100,000 since the 2023 amendment (Ch. 453, L. 2023), so pages still quoting $50,000 are out of date. The affidavit reaches debts, tangible personal property and instruments, and 72-3-1101(3) makes transfer agents re-register securities on it. It does not transfer a house, and it needs no court filing. The guide to the $100,000 small estate affidavit walks through it.

Summary administration. MCA 72-3-1103 has no threshold at all. When the inventory shows that the entire estate, less liens and encumbrances, does not exceed the homestead allowance, exempt property, the family allowance, administration costs, reasonable funeral expenses, and the reasonable medical and hospital expenses of the last illness, the personal representative may distribute at once without notice to creditors and file a closing statement under 72-3-1104. This is a faster way to close an estate, not a way to skip opening one: a personal representative has already been appointed and the filing fee already paid.

The Clocks

Task	Deadline	Clock starts at	Source
Clerk may issue informal probate or appoint	120 hours	Date of death	72-3-215(1), 72-3-225(1)
Appointment delayed for a nonresident decedent	30 days	Date of death	72-3-225(1)
Small estate affidavit may be presented	30 days	Date of death	72-3-1101(1)(b)
Heirs and devisees told of the appointment	30 days	Appointment	72-3-603(1)
Any creditor may seek appointment	45 days	Date of death	72-3-502(9)
Claims barred after published notice	4 months	First publication	72-3-801(1)
Claims barred after written notice	The later of 4 months and 30 days	Publication, and the mailing	72-3-801(2)
Outer bar on claims arising before death	The earlier of 1 year and the periods above	Date of death	72-3-803(1)
Inventory prepared	9 months	Appointment	72-3-607(1)
Earliest closing statement	6 months	Original appointment	72-3-1004(1)
Show-cause order if the estate is still open	2 years	Appointment	72-3-1015(1)
Contest of an informally probated will	The later of 12 months and 3 years	The informal probate, and the death	72-3-122(1)(c)
Outer limit to open probate	3 years	Date of death	72-3-122(1)

For duration rather than deadlines, see how long Montana probate takes.

The Three-Year Limit to Start

MCA 72-3-122(1) says no informal probate or appointment, and no formal testacy or appointment proceeding, may start more than 3 years after the death, apart from listed exceptions. The exception families use most is (1)(d). If nothing was filed in those 3 years, an informal appointment or a formal proceeding may still start, but the personal representative may take possession of estate assets only as far as needed to confirm title in the successors, and no claim other than administration expenses may be presented. Section 72-3-122(2) keeps proceedings to construe a probated will or determine heirs of an intestate outside the limit.

What the Clerk Charges to Open an Estate

The counter figure is $100. The "Fee Schedule-Civil" of the Montana Clerks of District Courts, updated May 2024, lists "Probate Commencement of Action - For filing formal/informal or ancillary petition" at $100. The statutes add up to the same total:

Charge	Amount	Source
Application for informal, formal or supervised probate or appointment, including filing the will	$70	MCA 25-1-201(1)(m)
Additional fee at the filing of a civil action	$20	MCA 25-1-202(1)(a)
Court technology surcharge on the initiating party in probate cases	$10	MCA 3-1-317(1)(b)
Total at the clerk's counter	$100	Clerks' fee schedule
Small estate affidavit	No fee, because it is never filed with a court	72-3-1101

Pages that quote $70 are reading 25-1-201 alone. For the self-filer path, see filing Montana probate yourself.

Closing the Estate

MCA 72-3-1004(1) lets a personal representative in an unsupervised estate close by filing a verified statement no earlier than 6 months after the original appointment. The statement says the creditor period has expired, the estate has been fully administered and distributed, and a copy went to every distributee and every creditor whose claim is neither paid nor barred. Under 72-3-1004(2), the appointment ends if no proceeding involving the personal representative is pending 1 year after the statement is filed.

Montana adds an accounting the model code does not require. MCA 72-3-1005(1) says that before an estate may be finally closed, the personal representative must file with the court, or deliver to all interested persons, a sworn accounting of the money received and spent and the claims presented. Subsection (3) excuses it only when the personal representative is the sole residual beneficiary.

Then there is a two-year check. Under MCA 72-3-1015, if an estate is still open 2 years after the personal representative's appointment, the supreme court administrator notifies the district judge, who orders the personal representative and the attorney to show cause. If the judge finds no good cause, the judge may order the estate closed within 30 days and bar both from taking a fee from the estate.

Common Questions

Which court handles probate in Montana?

The district court of the county, in every one of Montana's 56 counties. MCA 72-1-103(9) defines the court for probate purposes as the district court having jurisdiction in matters relating to the affairs of decedents, and 72-1-202 gives that court jurisdiction over all subject matter relating to estates of decedents. Papers go to the Clerk of District Court. Montana has no separate probate court, and its 22 judicial districts group counties for administration rather than for venue.

Who approves an informal probate in Montana?

The Clerk of District Court. MCA 72-1-103(24) defines informal proceedings as proceedings conducted without notice to interested persons by the clerk of court. The clerk makes the findings for informal probate of a will under 72-3-212 and for informal appointment under 72-3-222, and 72-3-225 directs the clerk to appoint once at least 120 hours have passed since the death. A judge hears a case only in a formal proceeding.

How much does it cost to open probate in Montana?

$100 at the clerk's counter. The Montana Clerks of District Courts civil fee schedule (updated May 2024) lists Probate Commencement of Action at $100. That total is the $70 fee in MCA 25-1-201(1)(m), which covers filing the will, plus the $20 civil filing fee in 25-1-202(1)(a) and the $10 technology surcharge that 3-1-317(1)(b) imposes on the initiating party in probate cases. A small estate affidavit under 72-3-1101 involves no court filing and no filing fee.

Is there a deadline to open probate in Montana?

Three years after the death, under MCA 72-3-122(1), with listed exceptions. The one most families meet is 72-3-122(1)(d): after three years with no proceeding, a personal representative may still be appointed, but only to confirm title in the successors, and no claim except administration expenses may be presented. A contest of an informally probated will runs within the later of 12 months from the informal probate or 3 years from the death, under 72-3-122(1)(c).

How long do creditors have to file a claim in a Montana estate?

Four months from the first publication of the notice to creditors. MCA 72-3-801(1) says the personal representative shall publish the notice once a week for 3 successive weeks in a newspaper of general circulation in the county. A creditor who also receives written notice gets the later of 4 months from publication or 30 days from the mailing, under 72-3-801(2). Behind both, 72-3-803(1) bars pre-death claims not presented within the earlier of 1 year after the death or those notice periods.

Start at the Montana probate hub for the rest of the state's pages, then take the question you actually have to the guide that answers it.

Sources:

Title: MCA 72-1-103, General definitions. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 63, Ch. 778, L. 2025. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0010/part_0010/section_0030/0720-0010-0010-0030.html
Title: MCA 72-1-202, Subject matter jurisdiction. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: En. Sec. 1, Ch. 365, L. 1974. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0010/part_0020/section_0020/0720-0010-0020-0020.html
Title: MCA 72-3-112, Venue for estate proceedings. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 57, Ch. 313, L. 2019. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0010/section_0120/0720-0030-0010-0120.html
Title: MCA 72-3-122, Time limit on probate, testacy, and appointment proceedings -- exceptions. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 58, Ch. 313, L. 2019. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0010/section_0220/0720-0030-0010-0220.html
Title: MCA 72-3-211, Informal probate -- notice requirements. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 2321, Ch. 56, L. 2009. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0020/section_0110/0720-0030-0020-0110.html
Title: MCA 72-3-212, Informal probate -- clerk to make findings. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 3, Ch. 410, L. 2005. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0020/section_0120/0720-0030-0020-0120.html
Title: MCA 72-3-215, Clerk to issue statement of informal probate -- effect -- procedural defect not to void probate. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: En. Sec. 1, Ch. 365, L. 1974. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0020/section_0150/0720-0030-0020-0150.html
Title: MCA 72-3-222, Informal appointment -- clerk to make findings. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 75, Ch. 494, L. 1993. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0020/section_0220/0720-0030-0020-0220.html
Title: MCA 72-3-225, Duty of clerk to make appointment -- effect. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 2326, Ch. 56, L. 2009. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0020/section_0250/0720-0030-0020-0250.html
Title: MCA 72-3-302, Formal testacy proceedings -- nature -- how and when commenced. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 2327, Ch. 56, L. 2009. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0030/section_0020/0720-0030-0030-0020.html
Title: MCA 72-3-305, Notice of hearing on petition for formal testacy proceeding. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 3, Ch. 516, L. 1975. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0030/section_0050/0720-0030-0030-0050.html
Title: MCA 72-3-401, Supervised administration -- nature and purpose -- presumptive entitlement. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 64, Ch. 313, L. 2019. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0040/section_0010/0720-0030-0040-0010.html
Title: MCA 72-3-402, Petition and order. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: En. Sec. 1, Ch. 365, L. 1974. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0040/section_0020/0720-0030-0040-0020.html
Title: MCA 72-3-502, Priorities for appointment. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 66, Ch. 313, L. 2019. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0050/section_0020/0720-0030-0050-0020.html
Title: MCA 72-3-513, Bond -- when required. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 2337, Ch. 56, L. 2009. 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 Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 68, Ch. 313, L. 2019. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0050/section_0140/0720-0030-0050-0140.html
Title: MCA 72-3-603, Notice of appointment to heirs and devisees. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 2349, Ch. 56, L. 2009. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0060/section_0030/0720-0030-0060-0030.html
Title: MCA 72-3-607, Inventory -- appraisal. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 2, Ch. 564, L. 2023. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0060/section_0070/0720-0030-0060-0070.html
Title: MCA 72-3-631, Compensation of personal representative. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 74, Ch. 313, L. 2019. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0060/section_0310/0720-0030-0060-0310.html
Title: MCA 72-3-801, Notice to creditors. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 2365, Ch. 56, L. 2009. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0080/section_0010/0720-0030-0080-0010.html
Title: MCA 72-3-803, Nonclaim -- limitations on presentation of claims -- exceptions. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 75, Ch. 313, L. 2019. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0080/section_0030/0720-0030-0080-0030.html
Title: MCA 72-3-1004, Closing estate by sworn statement of personal representative. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 21, Ch. 9, Sp. L. May 2000. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0100/section_0040/0720-0030-0100-0040.html
Title: MCA 72-3-1005, Final accounting required to close estate. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 2384, Ch. 56, L. 2009. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0100/section_0050/0720-0030-0100-0050.html
Title: MCA 72-3-1015, Estate to be closed within two years. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 2387, Ch. 56, L. 2009. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0100/section_0150/0720-0030-0100-0150.html
Title: MCA 72-3-1101, Collection of personal property by affidavit. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 1, Ch. 453, L. 2023. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0110/section_0010/0720-0030-0110-0010.html
Title: MCA 72-3-1103, Small estates -- summary administration procedure. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 16, Ch. 582, L. 1989. URL: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0110/section_0030/0720-0030-0110-0030.html
Title: MCA 25-1-201, Fees of clerk of district court. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 1, Ch. 587, L. 2025. URL: https://mca.legmt.gov/bills/mca/title_0250/chapter_0010/part_0020/section_0010/0250-0010-0020-0010.html
Title: MCA 25-1-202, Additional filing fees. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 5, Ch. 693, L. 2023. URL: https://mca.legmt.gov/bills/mca/title_0250/chapter_0010/part_0020/section_0020/0250-0010-0020-0020.html
Title: MCA 3-1-317, User surcharge for court information technology -- exception. Publisher: Montana Legislature, Montana Code Annotated 2025. Publication Date: amd. Sec. 1, Ch. 445, L. 2005. URL: https://mca.legmt.gov/bills/mca/title_0030/chapter_0010/part_0030/section_0170/0030-0010-0030-0170.html
Title: Fee Schedule-Civil, Montana Clerks of District Courts. Publisher: Montana Judicial Branch. Publication Date: Updated May 2024. URL: https://courts.mt.gov/external/dcourt/docs/feeschedule.pdf

It is not legal advice.