Probate in Montana
Montana probate is administered in the District Court of the county where the deceased resided. Montana follows the Uniform Probate Code and allows informal (unsupervised) administration in most cases, reducing court involvement significantly.
Montana probate typically takes 6–12 months.
Simplified estate procedures
Montana allows a small estate affidavit for personal property of $50,000 or less, available 30 days after death. Montana also has simplified procedures for surviving spouses.
Montana authorizes transfer on death deeds for real property.
Death certificates
Montana death certificates are issued by the Montana Department of Public Health and Human Services (DPHHS) Vital Statistics Bureau. The cost is $12 per certified copy. Order through DPHHS or VitalChek.
Order at least 10–12 certified copies when the funeral home files the initial certificate.
Estate and inheritance tax
- State estate tax: Montana has no state estate tax and no inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Notable rules
- Creditor claim period: 4 months from the date of first publication of notice to creditors.
- Transfer on death deed: Montana allows transfer on death deeds for real property.
- No estate tax: Montana has no estate or inheritance tax.
- Informal administration: Montana's UPC-based informal administration reduces court oversight for most estates.
Key contacts
- Montana vital statistics: dphhs.mt.gov/publichealth/vitalstatistics
- Montana Courts probate: courts.mt.gov
- State Bar of Montana lawyer referral: montanabar.org