How Probate Works in Montana

Does Montana require probate?

Not always. Montana adopted the Uniform Probate Code (UPC) and offers multiple paths to avoid or simplify probate. Estates under $50,000 (including real estate equity) can use a small estate affidavit, and estates up to $100,000 can use a summary administration process.

For larger estates, Montana's informal probate handles most uncontested cases without a hearing.

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What court handles probate in Montana?

Probate in Montana is handled by the District Court in the county where the deceased person lived. Montana has 56 counties, each served by a District Court. There is no separate probate court.

Montana's courts operate across 22 judicial districts. In some rural counties, the District Court may sit on a limited schedule, so check with the clerk's office for filing times and hearing dates.

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Small estate threshold

Estates with a total value of $50,000 or less (including real estate equity) can use a small estate affidavit to collect assets without probate (Montana Code § 72-3-1101).

Requirements:

• At least 30 days must have passed since the date of death.
• No probate proceeding has been filed or is pending.
• The total value of the estate (including real estate equity) does not exceed $50,000.
• The person filing the affidavit is entitled to the property under the will or intestate law.

Unlike many states, Montana's small estate affidavit includes real estate equity in the total, not just personal property. This is unusual and means some estates with modest real estate holdings can still use the affidavit process.

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Simplified probate options

Montana offers several paths based on estate size and complexity:

Summary administration. Available for estates valued at up to $100,000. This is a simplified court process with less paperwork, lower fees, and a faster timeline than full administration. The court issues an order allowing the personal representative to distribute assets without the full inventory and accounting requirements of standard probate.

Informal probate. The standard UPC path for uncontested estates of any size. A personal representative files an application with the court registrar, and the appointment happens without a hearing. The personal representative manages the estate with minimal court oversight.

Formal probate. Used for contested situations or when the court determines closer oversight is needed. Requires a hearing.

Supervised administration. Available for estates where the court orders full oversight. Rare and typically reserved for cases with serious mismanagement concerns.

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What if there is no will?

When someone dies without a will in Montana, the estate follows the state's intestate succession laws (Montana Code § 72-2-111 et seq.).

If the deceased was married:

• Spouse, no descendants (or all descendants are also the surviving spouse's descendants). The surviving spouse inherits the entire estate.
• Spouse and descendants from a prior relationship. The surviving spouse receives the first $100,000 of the estate plus 50% of the balance. The remaining portion goes to the deceased's descendants.

If the deceased was not married:

• Children. The children inherit equally.
• Parents (no children). The parents inherit everything.
• Siblings (no children or parents). The siblings inherit equally.

For a broader overview, see our guide on handling an estate without a will.

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What makes Montana different?

Real estate included in small estate affidavit

Montana is one of the few states where real estate equity counts toward the small estate threshold and can potentially be included in the affidavit process. In most states, real estate is excluded entirely from the small estate affidavit and always requires probate. Montana's approach helps families with modest property avoid the courtroom.

Two-tiered simplified process

The combination of the $50,000 affidavit and the $100,000 summary administration gives Montana families two options before reaching full probate. This two-tiered system covers a wider range of estate sizes than states with only one threshold.

Rural accessibility

With 56 counties spread across the fourth-largest state by area, courthouse access can be a challenge. Montana courts accommodate this with some mail filings and flexible scheduling in smaller counties.

For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.

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