Simplified route
$100,000
Collection of personal property by affidavit (MCA § 72-3-1101); usable 30 days after death.
Eligibility and caveatsMontana estate administration
Montana probate: rules, process, costs, executor fees and deadlines
Small-estate limit: $100,000
This guide explains probate in Montana: Montana is a Uniform Probate Code state. Personal property of a decedent whose probate estate (net of liens and encumbrances) does not exceed $100,000 can be collected by affidavit under MCA § 72-3-1101, 30 days after death, with no court filing. Probate proceedings are filed in the District Court, where the probate-specific opening fee is $70 under MCA § 25-1-201(1)(m). Personal representatives receive reasonable compensation under § 72-3-631 — Montana sets no statutory percentage schedule.
Sources reviewed August 9, 2026. Latest primary-source re-fetch October 3, 2026.
Answer first
Montana simplified probate route
Up to $100,000; usable 30 days after death. Source: Mont. Code Ann. § 72-3-1101.
Collection of personal property by affidavit (MCA § 72-3-1101)Screen a specific Montana estate with the calculators on the small-estate page and the executor-fee page, or compare states in the full estate navigator.
What the reviewed rules establish
Court cost
$70
One statewide amount.
Filing-cost detailExecutor compensation
Court-reviewed
No percentage schedule; the court decides what is reasonable. Source: Mont. Code Ann. § 72-3-631.
Compensation detailCreditor deadline
Multiple triggers
Mont. Code Ann. § 72-3-803(1)(a) (Montana Legislature (Legislative Services Division); reviewed August 9, 2026)
Timeline and creditor detailsStatutes read in full for Montana
Read on the enacting state’s own site, with the date each was read.
| Citation | What reading it established | Read on |
|---|---|---|
| MCA § 25-1-201 | Montana charges a general district-court filing fee, not a probate-specific one — court and filing cost note | 2026-09-17 |
| MCA § 72-3-803 | Montana bars most claims one year after death, and binds nonprobate transferees too — creditor deadline note | 2026-09-17 |
| MCA § 72-3-1101 | Montana’s $100,000 ceiling has a carve-out that ignores the size of the estate — small estate route note | 2026-09-17 |
| MCA § 72-3-631 | Montana’s fee statute is the uniform text, so the renunciation timing is what decides outcomes — representative pay note | 2026-09-17 |
Montana decision map
The four facts that change the Montana route
Each Montana answer below links to the page that sets out its source.
| Question | Recorded Montana answer |
|---|---|
| What route is being screened? | Collection of personal property by affidavit (MCA § 72-3-1101) |
| What property and basis count? | personal probate property only; net of enforceable liens and encumbrances. |
| What is the amount screen? | $100,000 |
| What is the time or deadline record? | 30 days after death; creditor deadlines: separate clocks by triggering event |
| What does the cost record establish? | $70 is the recorded statewide amount. |
| What does compensation use? | Reasonable compensation set by the court, measured on the estate accounting. |
Limits and unresolved costs
Continue
What Montana courts publish
Every link is probed before each release.
- Self-help centreMontana Courts — Self-Help Law ProgramMontana Judicial Branch
- Forms indexMontana Courts — FormsMontana Judicial Branch
Limits on court material
- Probate in Montana is handled by the District Court. The Judicial Branch publishes statewide self-help resources and forms. The $70 probate fee is fixed statewide by MCA § 25-1-201(1)(m); the § 72-3-1101 affidavit is a private demand instrument, not a court filing.
Montana primary sources
- Mont. Code Ann. § 72-3-1101 — MCA § 72-3-1101 — Collection of personal property by affidavit
- Mont. Code Ann. § 72-3-631 — MCA § 72-3-631 — Compensation of personal representative
- Mont. Code Ann. § 25-1-201(1)(m) — MCA § 25-1-201 — Fees of clerk of district court
- Mont. Code Ann. § 72-3-803(1)(a) — MCA § 72-3-803 — Nonclaim; limitations on presentation of claims
Every quotation, edition label and machine check is on the Montana source record.
Montana record: 4/4 verified, 12 matched checks, latest source re-fetch October 3, 2026. Source record · method · report a correction