How to File Probate in Montana: Informal vs. Formal Process

Filing probate in Montana is less intimidating than in most states, but it still requires understanding which type of proceeding applies to the estate, which court to file with, and what documents are required. Getting the filing wrong — submitting to the wrong county, omitting required documents, or applying for the wrong type of proceeding — stalls the process and forces refiling.

Here is the complete process for opening a Montana probate.

Is Probate Required?

Before filing anything, determine whether probate is actually required. Many Montana estates do not need it.

Probate is unnecessary if all of the decedent's property transferred automatically through non-probate mechanisms: joint tenancy, payable-on-death accounts, transfer-on-death accounts, named beneficiary designations on retirement accounts or life insurance, living trusts, or Transfer on Death deeds on real estate.

Probate is also unnecessary if the total value of the decedent's probate assets (assets owned solely in the decedent's name with no beneficiary designation) is $100,000 or less. In that case, the Collection of Personal Property by Affidavit under MCA 72-3-1101 allows heirs to collect those assets without any court involvement, using a notarized affidavit presented directly to the bank or other institution.

If one or more of these situations apply, stop here. The small estate affidavit or non-probate transfer process is faster, cheaper, and involves no court filing at all.

If the estate has probate assets exceeding $100,000, or includes real estate that cannot be transferred by TOD deed, probate is required.

Which Court Handles Montana Probate?

Montana probate is filed in the District Court of the county where the decedent was domiciled (lived) at the time of death. Each county has its own District Court — Yellowstone County (Billings) probates are filed at the Yellowstone County District Court, Missoula County probates at the Missoula County District Court, and so on.

If the decedent did not live in Montana but owned real estate in Montana, the probate (called "ancillary probate") is filed in the county where the Montana property is located.

The filing is handled through the Clerk of the District Court's office, not directly with a judge. For informal probate — the most common type — you will work entirely with the Clerk's office and may never appear before a judge.

Informal Probate: The Standard Montana Process

Informal probate is available when there are no disputes about the will's validity, no competing applications for appointment as Personal Representative, and no need for court supervision of the administration. This covers most Montana estates.

Step 1: Wait for the 120-hour mandatory period.

No application can be filed until at least 120 hours (five days) have elapsed since the date of death. This waiting period is fixed by statute and cannot be waived.

Step 2: Gather required documents.

To file an informal probate application, you need:

• The original will (if the estate is testate — that is, the decedent left a will). If you cannot locate the original and only have a copy, consult a probate attorney before filing.
• A certified copy of the death certificate ($16 per copy from DPHHS or the county registrar)
• The completed Application for Informal Probate and Informal Appointment of Personal Representative. This form is available from the Clerk of the District Court or on the Montana Judicial Branch website at courts.mt.gov.
• If the applicant does not hold the highest priority to serve (for example, an adult child applying when a surviving spouse exists), notarized Waivers of Priority from all persons who hold higher or equal priority are required.

Step 3: File with the Clerk of the District Court.

Submit the application, original will, and certified death certificate to the Clerk of the District Court in the appropriate county. The filing fee is approximately $100, payable to the Clerk. (Verify the current fee with the specific county, as fees may vary slightly.)

Step 4: Sign the Fiduciary Statement.

At or shortly after filing, the nominated Personal Representative must sign and file a Fiduciary Statement (MCA 72-3-109). This is a sworn declaration that the Personal Representative acknowledges their duty of absolute loyalty to the estate — to manage assets solely for the benefit of beneficiaries, to avoid conflicts of interest, and not to use estate assets for personal gain. This is a legal obligation, not a formality.

Step 5: Receive the Letters of Authority.

If the application is complete and no objections have been filed, the Clerk will issue a Statement of Informal Probate and the Letters of Authority — the document that empowers the Personal Representative to act on behalf of the estate. Banks, financial institutions, the Motor Vehicle Division, and County Clerks and Recorders will all require a copy of the Letters of Authority before releasing assets or transferring titles.

This process from filing to receiving Letters of Authority typically takes one to two weeks in less busy counties and may take slightly longer in urban counties with higher probate volume.

The Personal Representative's First Actions After Receiving Letters of Authority

With Letters of Authority in hand, the Personal Representative's immediate duties are:

Publish the Notice to Creditors. Under MCA 72-3-801, the Personal Representative must publish a Notice to Creditors in a newspaper of general circulation in the county where the probate is filed, once per week for three consecutive weeks. From the date of first publication, creditors have exactly four months to file claims. Claims submitted after the four-month window are permanently barred. Do not skip this step — it is what allows the estate to close cleanly.

Notify known creditors by mail. Beyond newspaper publication, constitutional due process may require direct written notice to known or reasonably ascertainable creditors. The Personal Representative should send written notice to anyone the decedent owed money to.

Take inventory of all probate assets. The Personal Representative has nine months from the date of appointment to complete and file a comprehensive estate inventory with the court, listing all probate assets and their fair market values as of the date of death.

Formal Probate: When It's Required

Formal probate involves actual hearings before a District Court judge and is used when:

• The will's validity is in dispute
• The applicant for Personal Representative appointment is disputed
• There are competing applications from multiple people claiming priority to serve
• There are allegations of fraud, undue influence, or incapacity relating to the will
• A beneficiary or heir has filed an objection that cannot be resolved informally

Formal probate follows the same initial filing process as informal probate but includes a petition for a hearing, judicial notice requirements, and a court hearing at which the judge makes formal findings. The process is significantly slower and more expensive.

If an informal probate is already underway but a dispute arises mid-administration, the matter can be converted to formal probate. The Clerk will refer the disputed matter to a judge.

Supervised Administration: The Rare Exception

Supervised administration is the most intensive form of Montana probate, where the court actively approves each significant administrative decision. This is rarely used and typically only ordered when the court has specific reason to believe the Personal Representative cannot be trusted to administer the estate independently, or when the complexity of the estate or severity of creditor disputes requires ongoing judicial oversight.

The Probate Closing: How to Formally End the Proceeding

Once all assets are distributed, all debts are paid, and all tax returns are filed, the Personal Representative can close the estate. Under Montana's informal probate system, closing is typically accomplished by filing a Sworn Statement of Personal Representative (sometimes called the Closing Statement) with the Clerk of the District Court. This sworn statement confirms that:

• The applicable notice to creditors has been published
• The time for creditor claims has expired
• All taxes are paid and all claims are settled
• The assets have been distributed to the beneficiaries

After filing the closing statement, the Personal Representative's authority and fiduciary duties officially terminate. The estate is closed.

For a complete, timeline-organized guide to every step of Montana probate — from the first 48 hours through the closing statement — including the specific forms, court requirements, and statutory deadlines that apply at each stage, see the Montana Estate Settlement Guide.

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