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.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page Montana reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our Montana probate pages.
Montana probate fees
| Item | Montana |
|---|---|
| Court filing fee | Approximately $90 to $120 to open probate in district court, depending on the county. |
| 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. |
| Fee basis | reasonable |
| Appraisal / 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. |
Worked example
On a $400,000 Montana estate, the statutory ceiling is $1,200 (3% of the first $40,000) plus $7,200 (2% of the remaining $360,000) — about $8,400 maximum. The court can approve less if the work done was modest, and the estate's attorney fee is separate.
Montana thresholds and deadlines
| Item | Montana |
|---|---|
| Small-estate threshold | 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. |
| 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. |
| Typical duration | About 6 to 12 months for a routine informal case; the four-month creditor window sets the practical floor. |
| 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. |
What passes outside Montana probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- 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.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: 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)
- State authority: Montana Code Annotated (official, legmt.gov)
- Small-estate threshold: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0110/section_0010/0720-0030-0110-0010.html
- Creditor claim period: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0080/section_0010/0720-0030-0080-0010.html
- Transfer-on-death deed: https://law.justia.com/codes/montana/title-72/chapter-6/part-4/
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the Montana court before relying on it.
The full Montana guides
- How Much Does Probate Cost in Montana? — the full cost breakdown.
- How Much Does an Executor Get Paid in Montana? — the fee rule in detail.
- How Long Does Probate Take in Montana? — the timeline and its statutory floor.
- Executor Deadlines in Montana — inventory deadline, creditor-claim period and outer bar, each quoted from the statute.
- How to Avoid Probate in Montana — the transfers that pass outside it.
- How Much Does a Will Cost in Montana? — execution requirements and pricing.
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This sheet sets out Montana probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the Montana courts or a licensed Montana attorney.