Montana Probate Timeline: Key Deadlines for Personal Representatives

Montana Probate Deadline Reference Table

Task	Deadline	Statutory Basis	Notes
File Application for Informal Probate	ASAP	MCA 72-3-301	No strict statutory deadline, but all other deadlines run from your appointment date — delays here delay everything.
Notify heirs and devisees of appointment	Hard — 30 days from appointment	MCA 72-3-502	Mail notice to all heirs and beneficiaries named in the will. Keep proof of mailing for the Closing Statement.
Publish creditor notice (2 consecutive weeks)	ASAP after appointment	MCA 72-3-801	60-day claim period starts at first publication. Delaying publication delays distribution.
Mail notice to known creditors	ASAP after appointment	MCA 72-3-801	Known creditors have 30 days from mailing or the 60-day publication period — whichever is later.
File Inventory with the court	Hard — 3 months from appointment	MCA 72-3-706	List all probate assets with date-of-death values. May require appraisal of real estate and personal property.
60-day creditor claim period closes	60 days from first publication	MCA 72-3-801	Do not make final distributions to heirs before this date. Pay valid claims; dispute invalid ones.
Federal estate tax return (if required)	9 months from death	IRC § 6075	Only applies if gross estate exceeds ~$13.99 million (2025). Extension available. Montana has no state estate tax.
File Closing Statement	After 6 months from appointment	MCA 72-3-1003	Certifies estate is fully administered. Must complete all distributions, pay all debts, and file taxes first.
Final Montana income tax return (Form 2)	April 15 of the following year	Montana DOR	File the deceased's final Form 2. Also file Form FID-3 (estate fiduciary income) if the estate earns income during administration.

Phase-by-Phase Timeline

Phase 1 — Immediate Actions (Days 1–14)

Secure estate assets (safeguard real estate, vehicles, valuables)
Order death certificates — request 8–10 certified copies from the Montana Department of Public Health and Human Services
Locate and review the will (if any)
Forward the deceased's mail to your address
Notify Social Security Administration of the death
Cancel recurring subscriptions, memberships, and automatic payments

Phase 2 — Opening Probate (Days 14–30)

Gather required documents: original will, certified death certificate, heirs' names and addresses
File Application for Informal Probate of Will and/or Appointment of Personal Representative with the District Court probate registrar
Pay filing fee (~$220–$260)
Receive Order Appointing Personal Representative and Letters Testamentary
Request multiple certified copies of Letters Testamentary (6–10)

Phase 3 — Notification (Days 30–45)

Notify all heirs and devisees within 30 days of appointment (MCA 72-3-502)
Contact local newspaper to publish creditor notice (2 consecutive weeks)
Mail notice directly to all known creditors
Apply for estate EIN from IRS (needed to open estate bank account)
Open estate bank account

Phase 4 — Inventory (Months 1–3)

Inventory all probate assets with date-of-death values
Obtain appraisal for real estate and significant personal property
Search Montana unclaimed property database (mtrevenue.gov) for assets in decedent's name
File Inventory with the District Court within 3 months of appointment (MCA 72-3-706)

Phase 5 — Creditor Period (Months 1–3)

Track the 60-day claim period from first publication date
Review creditor claims as they arrive — pay valid claims, dispute questionable ones
Do not make final distributions to heirs until the claim period closes
Pay priority claims in statutory order if estate is insolvent

Phase 6 — Asset Transfer and Taxes (Months 3–6)

Transfer real estate using a Personal Representative's Deed — record with the county clerk and recorder
Transfer vehicles through the Montana Motor Vehicle Division using Letters Testamentary
Transfer financial accounts and investment accounts with Letters Testamentary
File the deceased's final Montana Form 2 (personal income tax)
File estate Form FID-3 (fiduciary income tax) if the estate earns income during administration
File federal Form 1041 (estate income tax) if applicable

Phase 7 — Closing (Month 6 and Beyond)

Make final distributions to heirs and devisees
Obtain signed receipts from all beneficiaries
File Closing Statement (MCA 72-3-1003) — no earlier than 6 months after appointment
Personal Representative is discharged after the Closing Statement period passes
Close the estate bank account after all distributions are made

Montana's 60-day creditor period vs. other states: Montana's 60-day creditor notice period matches Alaska and Idaho — and is significantly faster than California's 4-month period or Oregon's 4-month period. This shorter window means Montana estates can move toward distribution faster, assuming all other tasks are on track.

No Montana state estate tax: Unlike Oregon (threshold: $1 million) or Hawaii (threshold: $5.49 million), Montana has no state estate or inheritance tax. For most Montana estates, there is no state estate tax return to prepare or file — only the federal estate tax return applies, and only for gross estates exceeding approximately $13.99 million (2025). This eliminates one of the most time-sensitive deadlines that Oregon and Hawaii executors must track.

Closing Statement timing: MCA 72-3-1003 allows filing the Closing Statement after 6 months from the date of your appointment — but do not file it until all creditor claims are resolved, all debts are paid, all required tax returns are filed, and all assets have been distributed. In practice, most Montana informal probates close between months 7 and 12.

Factors That Can Extend the Timeline

Real estate that must be sold: Finding a buyer, completing title work, and closing can add 2–4 months depending on the market.
Disputes among heirs: Any contested issue moves the proceeding toward formal probate and involves court appearances.
Federal estate tax return: If the estate exceeds the federal threshold (~$13.99M), Form 706 is due 9 months from death — and the IRS audit window extends the estate's exposure.
Unknown creditors: Creditors can sometimes appear after the publication period — the Personal Representative may need to evaluate late-filed claims.
Difficult-to-value assets: Business interests, mineral rights, or unusual personal property may require specialized appraisals.
Missing heirs: If an heir cannot be located, the estate may need to hold funds or seek court direction.

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