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 |
|---|---|
| Attorney fees | Not statutory. 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
Montana publishes no schedule to work an example from. Mont. Code Ann. §72-3-631 gives no percentage, floor or ceiling, so on a $400,000 Montana estate the fee is whatever the court finds reasonable for the services actually rendered. 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 the first publication of the notice to creditors, which the personal representative must publish on appointment, once a week for 3 successive weeks (MCA §72-3-801(1)). A creditor given written notice by mail or other delivery has the later of that four months or 30 days from the mailing or delivery (§72-3-801(2)). Claims arising before death are barred at the earlier of one year after the decedent's death or the applicable §72-3-801 period (MCA §72-3-803(1)). |
| Statutory floor (creditor period) | Four months after the date of the first publication of the notice to creditors, which the personal representative must publish on appointment, once a week for 3 successive weeks (MCA §72-3-801(1)). A creditor given written notice by mail or other delivery has the later of that four months or 30 days from the mailing or delivery (§72-3-801(2)). Claims arising before death are barred at the earlier of one year after the decedent's death or the applicable §72-3-801 period (MCA §72-3-803(1)). |
| Transfer-on-death deed | Montana has a transfer-on-death deed. MCA §72-6-401 is the short title of the Uniform Real Property Transfer on Death Act. MCA §72-6-411 provides that during a transferor’s life a transfer on death deed does not affect an interest or right of the transferor or any other owner, "including the right to transfer or encumber the property"; does not affect an interest or right of a transferee, or of a secured or unsecured creditor or future creditor of the transferor, even with actual or constructive notice of the deed; does not affect the transferor’s or designated beneficiary’s eligibility for any form of public assistance; does not create a legal or equitable interest in favour of the designated beneficiary; and does not subject the property to claims or process of a creditor of the designated beneficiary. |
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 has a transfer-on-death deed. MCA §72-6-401 is the short title of the Uniform Real Property Transfer on Death Act. MCA §72-6-411 provides that during a transferor’s life a transfer on death deed does not affect an interest or right of the transferor or any other owner, "including the right to transfer or encumber the property"; does not affect an interest or right of a transferee, or of a secured or unsecured creditor or future creditor of the transferor, even with actual or constructive notice of the deed; does not affect the transferor’s or designated beneficiary’s eligibility for any form of public assistance; does not create a legal or equitable interest in favour of the designated beneficiary; and does not subject the property to claims or process of a creditor of the designated beneficiary.
- 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://archive.legmt.gov/bills/mca/title_0720/chapter_0060/part_0040/section_0110/0720-0060-0040-0110.html
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.
Fee sheets for other states
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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.