The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Montana with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
The short answer
Montana does not set probate fees by statute. Costs depend on the attorney’s billing arrangement, the type of administration, and the size and complexity of the estate. Here’s what to expect, and the ways many families avoid full probate entirely.
Attorney fees
Not statutory. Montana attorneys typically charge a flat fee ($2,500–$5,000 for routine informal probate) or hourly ($200–$350). Fees must be reasonable for the work performed.
Executor / personal representative fees
The personal representative is entitled to reasonable compensation under Montana's Uniform Probate Code (MCA Title 72, ch. 3, part 6). There is no statutory percentage; family personal representatives often waive the fee.
What the fee is based on
Montana adopted the Uniform Probate Code, so most estates move through informal probate with little court supervision — the main reason costs stay modest compared with fee-schedule states like California.
Court filing fees
Approximately $90 to $120 to open probate in district court, depending on the county.
Appraisal / probate referee
Not used. Montana does not appoint a state appraiser. The personal representative prepares an inventory and may hire an independent appraiser for hard-to-value assets.
How long probate takes in Montana
About 6 to 12 months for a routine informal case; the four-month creditor window sets the practical floor. Contested estates, missing heirs, or real estate sales can extend that.
Creditor claim period
Four months after the date of first publication of the notice to creditors, under MCA §72-3-801; claims not presented in time are barred. In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.
How to skip full probate (or shrink the bill)
- Small-estate procedure. If the probate estate, less liens and encumbrances, does not exceed $100,000, heirs can collect personal property by affidavit 30 days after death under MCA §72-3-1101, avoiding formal probate.
- Transfer-on-death deed. Montana allows a transfer-on-death deed for real estate under its Uniform Real Property Transfer on Death Act (MCA §72-6-401 et seq.). Owners can record a TOD deed naming a beneficiary; the property passes to the beneficiary at death without probate.
- A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
- Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
- Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.
Do you need a lawyer?
For most Montana estates that go through full probate, yes — the court process has formal requirements and missed deadlines can cost more than the legal fees they were meant to avoid. For genuinely simple estates, or where a small-estate procedure applies, many families handle it themselves or use a legal document preparer for a flat fee.
The honest takeaway
The cheapest probate cost is the one you avoid in advance — by titling assets correctly, keeping beneficiary designations current, and, where it makes sense, using a living trust. If your estate is likely to exceed Montana’s small-estate thresholds, it’s worth talking to a licensed Montana estate attorney while you still have the option to plan.
Related reading
-
What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.
-
How to Avoid Probate in Montana — the state-specific avoidance playbook.
-
How Long Does Probate Take in Montana? — the companion timeline guide for Montana.
-
Will vs. Trust: Which Do You Need? — for Montana residents weighing whether a trust is worth it.
-
Estate Planning Checklist: Everything in One Place — the documents and decisions that make probate easier (or unnecessary).
This page explains Montana probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the Montana courts or a licensed Montana attorney. Sources: MCA §72-3-1101, MCA §72-3-801, MCA Title 72, ch. 3, part 6 (personal representative compensation), MCA §72-6-401 et seq. (transfer-on-death deed).