Montana Informal Probate: How to Open an Estate Without a Court Hearing

What Is Informal Probate?

Under Montana Code Annotated (MCA) Title 72, probate is divided into two tracks: informal and formal. Informal probate is available for most estates — it does not require a court hearing. Instead, the Personal Representative (what Montana calls an executor) files an application with the District Court's probate registrar, who reviews the paperwork administratively and issues an Order appointing the Personal Representative.

Once appointed, the Personal Representative administers the estate independently — paying debts, managing assets, filing taxes, and distributing to heirs — without returning to court for approval at each step. The process is designed to be completed by the Personal Representative without an attorney for straightforward estates.

Informal vs. Formal Probate: When Each Applies

For the vast majority of Montana estates — a clear or uncontested will, cooperative heirs, no disputes — informal probate is the appropriate path.

How to Apply for Informal Probate

Informal probate is filed with the District Court in the county where the decedent lived at the time of death. The filing goes to the probate registrar — a court officer who reviews the application without a hearing and issues the Order if all requirements are met.

Step 1: Gather Required Documents

• Original will (if any) — the court keeps the original
• Certified copy of the death certificate (the court usually accepts one copy but may require the original)
• Names, addresses, and ages of all heirs and devisees (beneficiaries named in the will)
• Your government-issued photo ID

Step 2: File the Application

File the Application for Informal Probate of Will and/or Appointment of Personal Representative with the District Court clerk. Forms are available from the Montana Courts Self-Help Center at montanacourts.org. The filing fee is approximately $220–$260 depending on the county.

If there is no will (intestate estate), file the Application for Informal Appointment of Personal Representative (intestate version).

Step 3: Probate Registrar Review

The probate registrar reviews the application. There is no hearing — the registrar simply confirms that the paperwork is complete and the requirements are met. If approved, the registrar issues an Order Appointing Personal Representative.

Step 4: Receive Letters Testamentary

After the Order is issued, the court issues Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). These letters are your legal authority to act on behalf of the estate — to access bank accounts, manage real estate, pay creditors, and ultimately distribute assets to heirs.

Request multiple certified copies of your Letters (typically 6–10) — every financial institution and county recorder will require an original certified copy.

After Appointment: What You Can Do Independently

Montana informal probate gives the Personal Representative broad independent authority. Once you have your Letters Testamentary, you can:

• Open an estate bank account and consolidate estate funds
• Access and manage all estate assets
• Publish the creditor notice in a newspaper of general circulation
• Pay valid creditor claims after the 60-day claim period closes
• File the estate's tax returns (final Form 2; Form FID-3 if estate earns income)
• Transfer real estate using a Personal Representative's Deed recorded with the county clerk and recorder
• Transfer vehicles through the Montana Motor Vehicle Division
• Distribute remaining assets to heirs and devisees
• File the Closing Statement (MCA 72-3-1003) to formally close the estate

You generally do not need to return to court for any of these steps unless a dispute arises or you need court direction on a specific issue.

Notifying Heirs and Devisees

Within 30 days of appointment, you must notify all heirs (people who would inherit under intestacy law) and devisees (people named in the will) of your appointment and of the pendency of the probate proceeding (MCA 72-3-502). The notice must include:

• Your name and address as Personal Representative
• The name and date of death of the decedent
• Whether the estate is being probated under a will or intestate
• A statement that the recipient may be entitled to an interest in the estate

Send by first-class mail or personal delivery. Keep copies of the notices and proof of mailing — you'll need this for the Closing Statement.

Creditor Notice Publication

The creditor notice must be published once a week for two consecutive weeks in a newspaper of general circulation in the county where the estate is being probated. The 60-day claim period begins at first publication (MCA 72-3-801).

Additionally, for known creditors (people or entities you know the decedent owed money to), you must mail a notice directly. Known creditors have 30 days from the date the mailed notice is received to file a claim — or the 60-day publication period, whichever is later.

No Montana State Estate Tax

Unlike Oregon (threshold: $1 million) or Hawaii (threshold: $5.49 million), Montana has no state estate tax. Most Montana estates will owe no estate tax at all — federal estate tax only applies to gross estates exceeding approximately $13.99 million (2025 threshold). This simplifies the administration timeline significantly — there is no state estate tax return to prepare or file.

Closing the Estate

After all assets are distributed, all debts paid, and all tax returns filed, you file a Closing Statement (MCA 72-3-1003) with the District Court. You may file the Closing Statement no earlier than 6 months after the date of your appointment. The Closing Statement certifies that:

• The estate has been fully administered
• All known creditor claims have been paid or otherwise resolved
• All assets have been distributed to the persons entitled to them
• All required tax returns have been filed

Once the Closing Statement is filed and the waiting period passes with no objection, you are formally discharged as Personal Representative.

More Montana Probate Guides

• Montana Small Estate Affidavit: How to Skip Probate for Estates Under $50,000
• Montana Probate Timeline: Key Deadlines for Personal Representatives