The Montana Probate Process: Step-by-Step

Assess the Estate and Determine Whether Probate Is Needed

Before opening any probate, review how each asset is titled or designated. Many assets pass automatically:

• Joint tenancy (JTWROS): Real estate or accounts held in joint tenancy pass automatically to the surviving joint tenant — no probate.
• Beneficiary-designated accounts: IRA, 401(k), life insurance, POD/TOD — pass directly to the named beneficiary, no probate.
• Revocable living trust: Trust assets pass per the trust document, not the will.
• Assets in the decedent's name alone (or as tenants in common): These must go through probate unless the small estate affidavit applies.

If the entire estate is personal property under $50,000 with no real estate, the Small Estate Affidavit (MCA 72-3-1101) may apply — no court at all. If there is real estate, informal probate is almost always needed.

Choose the Right Procedure

• Small Estate Affidavit (MCA 72-3-1101): Personal property under $50,000; 30-day wait; present sworn affidavit directly to the institution. No court filing. No Letters. Cannot be used for real estate.
• Informal Probate (MCA 72-3-301): File an Application for Informal Probate with the probate registrar. If complete and uncontested, the registrar issues Letters without a hearing. Most Montana estates use this path.
• Formal Probate (MCA 72-3-401): Required for contested wills, disputed heirs, or registrar refusal. A District Court hearing is scheduled.

File the Application for Informal Probate

File in the District Court of the county where the decedent was domiciled at death. The Application for Informal Probate must include:

• Decedent's name, date and place of death, and domicile
• Names and addresses of all heirs and devisees
• Name and address of the nominated Personal Representative
• Original will filed with the application (if one exists)
• Statement that the 3-year time limit for informal probate has not expired

Filing fees range from $220–$260 depending on county. The registrar issues Letters Testamentary (with will) or Letters of Administration (without will) — no hearing required if the application is complete.

Get Your EIN and Open the Estate Account

Immediately after Letters are issued:

• Apply for a federal EIN at irs.gov — takes minutes online. Required for the estate bank account and any fiduciary tax returns.
• Open a dedicated estate checking account. All estate income and expenses flow through this account — never commingle with personal funds.
• Notify the Social Security Administration of the death.
• Send written notice to all heirs and devisees within 30 days of appointment (MCA 72-3-505).
• Secure and insure all real property — Montana winters require attention to vacant structures.

Publish Notice to Creditors — Start the 60-Day Clock

Under MCA 72-3-801, the Personal Representative must publish Notice to Creditors once per week for three consecutive weeks in a newspaper of general circulation in the county of probate. The 60-day creditor period begins on the date of first publication.

Also send direct written notice to all known creditors. Known creditors have 60 days from the mailing date or publication cutoff, whichever is later. Obtain the Affidavit of Publication from the newspaper and file it with the court.

Prepare the Estate Inventory (Due Within 3 Months)

Under MCA 72-3-606, the Personal Representative must prepare an inventory within 3 months of appointment. All assets are valued at the date of death. The inventory covers all assets in the decedent's name alone, plus the decedent's fractional share of any jointly titled assets.

Key Montana-specific valuations:

• Ranch and agricultural land: Formal MAI appraisal recommended; county assessor values may significantly understate market value
• Water rights: List each water right by priority date and amount; work with a water rights attorney for valuation
• Mineral rights: May require a separate royalty appraisal if producing
• Livestock: Current market value at date of death

Manage Estate Assets During Administration

While the creditor period runs:

• Route all estate income through the estate account.
• Continue mortgage, property tax, insurance, and utility payments on real property.
• Maintain agricultural operations — ranching and farming operations must continue through the administration or livestock and crops will be lost.
• Maintain or terminate hunting/outfitter licenses as required (contact Montana Fish, Wildlife & Parks).
• Retitle investment accounts in the estate's name.

The Personal Representative has independent statutory authority (MCA 72-3-615) to sell estate property without court approval when needed to pay debts or facilitate distribution.

Review Claims and Pay Debts

After the 60-day creditor period closes, review all claims filed. Allow or reject each claim. A rejected creditor has 60 days from the notice of rejection to petition the court (MCA 72-3-804).

If the estate is insolvent, pay claims in this priority order (MCA 72-3-805):

1. Costs and expenses of administration
2. Reasonable funeral expenses
3. Federal taxes and debts with federal preference
4. Reasonable medical expenses of the last illness
5. State taxes and debts with Montana preference
6. All other claims

File Tax Returns

Transfer Property, Distribute, and File the Closing Statement

Real property: Execute a Personal Representative's Deed for each Montana parcel. The deed must identify the PR acting for the estate, reference the Letters and probate case number, contain the full legal description, and be signed, notarized, and recorded with the county clerk and recorder. No Montana real estate transfer tax on inherited property.

Vehicles: Transfer title through the Montana Motor Vehicle Division or county clerk. Bring original title, certified Letters, and death certificate.

Water rights: Notify the Montana Department of Natural Resources and Conservation (DNRC) of the ownership change. Water rights run with the land but must be properly reflected in the new owner's name to avoid administrative complications.

Financial accounts: Present certified Letters and death certificate to each institution.

Closing Statement (MCA 72-3-1003): File a Closing Statement with the probate registrar after all assets are distributed. No court hearing required. The PR's liability to interested persons ceases one year after filing.