How probate costs work in Montana
Montana adopted the Uniform Probate Code, so most estates use informal probate processed by the district court clerk — no hearing required for an uncontested estate. Montana used to fix the personal representative's fee by a percentage schedule, but the legislature repealed it in 2019, leaving a bare reasonable-compensation standard like most other UPC states today.
1. Personal representative fee — reasonable, no percentage since 2019
MCA § 72-3-631: a personal representative is entitled to reasonable compensation for services. Montana used to cap this at 3% of the first $40,000 plus 2% of the excess, but Laws 2019, Chapter 313, § 74 deleted that entire percentage schedule. There is no cap today — any source still citing the old 3%/2% figures is describing repealed law.
Any percentage shown here is an illustrative market-rate estimate, not a legal rate. Family representatives frequently waive the fee. Interested persons can petition the court to review the reasonableness of the fee taken.
2. Attorney fee — also reasonable, also no schedule since 2019
No fixed schedule: the same 2019 legislation removed the prior cap limiting attorney compensation without court approval to roughly 3% of the estate. Montana attorney fees today are governed by a reasonableness standard alone, most commonly billed hourly.
3. Court & other costs
- Filing fee — a flat $100 for filing a formal, informal, or ancillary probate petition (district court fee schedule).
- Publication to creditors — newspaper notice, once a week for three successive weeks; creditors have the later of 4 months from first publication or 1 year from death.
- Bond — may be required unless waived by the will or the court.
- Appraisal, certified copies — small additional costs.
4. No Montana death tax
No estate or inheritance tax: Montana imposes neither. Only the federal estate tax can apply, above the federal exemption — so nearly all Montana estates owe no death tax.
5. When probate can be simplified in Montana
- Collection of personal property by affidavit (MCA § 72-3-1101) — probate estate of $100,000 or less (net of liens), 30 days after death. This threshold has risen over time — it was $50,000 as recently as 2021.
- Summary administration (§ 72-3-1103) — not a simple dollar tier; available once a personal representative closes an estate whose value, net of the homestead allowance, exempt property, family allowance, and administration/funeral/last-illness costs, doesn't exceed those allowances and costs.
- Informal probate — the default UPC track, clerk-handled, no hearing for uncontested estates.
| Cost component | Montana figure | Source |
|---|---|---|
| Personal representative fee | Reasonable; no set % since 2019 (often waived) | § 72-3-631 |
| Attorney fee | Reasonable; no set % since 2019 | § 72-3-631 et seq. |
| District court filing fee | $100 flat | District Court fee schedule |
| Small estate affidavit | $100,000 (net of liens) | § 72-3-1101 |
| State estate / inheritance tax | None | Montana Dept. of Revenue |