Montana probate runs on a set of filings and deadlines that start the moment letters are issued. This guide walks you through each step with the actual statute citation and the current small estate threshold.
We’re not yet live in Montana — the guide below is still accurate, and you can join the waitlist to be the first to know when a Montana-licensed attorney is available.
Montana recognizes 2 paths. The right one depends on the will, the value of the estate, and whether all beneficiaries agree.
Less court supervision. Personal representative can act with minimal court involvement (follows Uniform Probate Code).
Full court oversight. Court approval required for major actions including property sales and distributions.
These are the filings ordered the way they actually happen in a typical Montana estate. Each deadline is keyed to the triggering event — death, letters issued, first publication — and tied to the statute.
File Petition to Probate Will or Petition for Administration with District Court
Court publishes notice of appointment and notice to creditors
List all known assets with market values. Include real estate, personal property, and financial accounts.
Wait for creditor claims deadline. Personal representative investigates and allows/disallows claims.
Complete accounting of all estate transactions for presentation.
Distribute remaining assets to beneficiaries per will or Montana intestacy law.
File final report and obtain court order closing the estate.
After the personal representative is appointed, a notice to creditors must be published as required for 1 week. Creditors then have a limited window to file claims; claims filed after the deadline are generally barred.
Direct mailing is also required to Each heir and devisee, Known creditors (recommended).
If the gross estate is small enough, Montana allows a simplified path that skips most of the formal probate machinery. Faster, cheaper, and — done right — every bit as final.
Probate is filed in the county where the decedent lived at the time of death. A sample of active Montana courts:
Most Montana estates close in 7–13 months. The floor is set by the creditor claim period (4 months from first publication of the creditor notice.) plus the time to file inventory, settle debts, and prepare the final accounting. Estates with real property sales, tax returns, or disputes run longer.
Yes. If the gross estate is $50,000 or less and at least 30 days have passed since the date of death, you can generally use a small estate affidavit or collection procedure instead of full probate. Citation: MCA §72-3-1201.
Montana recognizes independent or supervised administration. independent — Less court supervision. Personal representative can act with minimal court involvement (follows Uniform Probate Code). supervised — Full court oversight. Court approval required for major actions including property sales and distributions.
After the personal representative is appointed, a notice to creditors must be published as required in a qualifying newspaper for 1 week. Creditors then have 4 months from first publication of the creditor notice. Claims filed after the deadline are barred. Citation: MCA §72-3-801, §72-3-802.
Montana law doesn't strictly require an attorney, but most personal representatives retain one. Court rules, creditor notice requirements, tax returns, and fiduciary accounting obligations create personal liability for the personal representative if they're done incorrectly. A flat-fee attorney through Closewell handles filings, statutory notices, inventory, and accounting with fixed pricing and no hourly billing.
Court filing fees in Montana typically run $200–$500, plus publication costs of $100–$300 for the creditor notice. Attorney fees are the biggest variable — traditional hourly counsel on a routine estate often bills $5,000–$15,000, while flat-fee services like Closewell price the same work from $1,400–$4,500 depending on complexity. Bond premiums, appraisals, and tax preparation are additional.
Closewell launches state by state so every matter is handled by a licensed attorney in your jurisdiction. Drop your email and we’ll tell you the day a Montana-licensed attorney is available.