Probate can seem daunting, but learning how Montana functions empowers you to handle it efficiently or avoid it altogether. As a probate and estate attorney who has practiced in Kalispell, I can certify that proper preparation lessens the stress for families. Montana follows the Uniform Probate Code (UPC), making procedures smoother than in other jurisdictions. This guide describes the procedure, fees, and ways of simplifying probate or even eliminating it, so your administration of the estate is as simple as possible.
Probate begins when a person dies owning property in his or her name alone, particularly real estate. If there is a will, it is testate probate, and if there isn’t, it is intestate, by state laws of descent and distribution whereby spouses, children, and other descendants inherit in a predetermined order. Montana requires probate of real property of any value not in joint tenancy or trust. Personal property to some extent can be subject to streamlined procedures.
Step 1: Filing the Application. Within three years after death (but ideally earlier), the executor named in the will or a family member files with the district court in the county of the decedent. This includes filing the original will, death certificate, and list of heirs. There is a 120-hour waiting period after death before proceedings on file may be commenced. Court filing fees are around $100-$120 as of 2025, plus any publication fees for notices to creditors.
Step 2: Appointment of Personal Representative. The court appoints a personal representative (PR), often the executor of the will, to manage the estate. The PR is obligated by fiduciary duty to notify heirs and creditors, make an inventory of assets, and pay debts. Informal probate (in uncontested cases) is quicker; formal probate includes hearings if there are disputes.
Step 3: Inventory and Appraisal. The PR will create an inventory of assets probate, at fair market value. This will require the hiring of professional appraisers for real estate or valuables, which will be costly. Creditor claims are due four months after the publication notice.
Step 4: Payment of Debts and Taxes. Pay valid debts, including funeral expenses and taxes. Montana does not have an estate tax, but federal returns could be necessary if the gross estate is more than $13.99 million in 2025. The PR requires the estate to file income tax returns if the estate receives more than $600 annually.
Step 5: Distribution and Closing. After debts have been paid, the assets are distributed under the will or according to the intestacy statute. The PR files a closing accounting with the court, which enters an order of closing. The entire process takes 6-12 months for informal cases, longer for complex or contentious cases.
Fees vary: Attorney fees usually range from $2,000-$10,000 or more, depending upon estate size (sometimes 2-4% of worth). Costs in court, appraisals ($500+), and executor fees (reasonable charges plus fees) accumulate. Small estates that are less than $50,000 of personal property can use affidavits to prevent full probate, saving time and expense.
Leave assets in revocable trusts so that they pass directly to the beneficiaries. Payable-on-death accounts and joint tenancies with rights of survivorship also bypass probate. For real estate in Kalispell, utilize transfer-on-death deeds, which Montana statute makes available, and allow property to pass without probate.
Avoid the risks of incomplete inventories or denial of challenged claims, which lead to undue influence challenges or contest of the elective share (where spouses may take part of the estate regardless of the will). A Kalispell real estate attorney who practices probates assists with compliance and avoids delays.
Montana’s UPC does permit probate, but advance planning with a Kalispell real estate lawyer can frequently prevent it. If probating an estate, meet early to fulfill obligations efficiently and honor the decedent’s wishes.
