Montana Probate Filing Fees & Court Costs

The court costs to open and run probate in Montana — a flat filing fee, the collection-by-affidavit procedure, publication, and bond.

Montana District Courts FigureMyTax Editorial Team

Quick answer: Opening an estate in Montana costs a flat $100 district court filing fee — unusually, it doesn't scale with the size of the estate, among the lowest and simplest fee structures in the country. The collection-by-affidavit procedure needs no court filing at all. Publication and bond are extra. See the full picture in the Montana probate cost calculator.

District court fees

ItemFee
Formal, informal, or ancillary probate petition$100 flat
Collection-by-affidavit$0 (not filed with the court)
Certified copiesA few dollars each

Per the Montana Clerks of District Courts civil fee schedule; confirm with your county clerk, since local practice can vary slightly.

Other administration costs

  • Publication to creditors — newspaper notice once a week for three successive weeks (~$100–$200); 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 — if real estate or a business must be valued.
  • Personal representative & attorney fees — the real variables, both reasonable amounts under § 72-3-631, with no statutory percentage since 2019.
Not the big cost: the flat $100 filing fee is small next to the personal representative and attorney fees. Montana has no estate or inheritance tax, so there's no death-tax layer.

Ways to keep court costs down

  • Collection-by-affidavit — probate estate up to $100,000 net of liens, no filing fee at all (MCA § 72-3-1101).
  • Summary administration — once the estate falls below statutory allowances and costs (§ 72-3-1103).
  • Ask the District Court clerk to confirm the current fee for your county.
Facing probate in Montana?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Montana attorney

Estimate for general guidance only, not legal advice. Montana's district court probate filing fee is a flat $100, per the statewide civil fee schedule. Publication and bond are extra. The larger costs are the personal representative and attorney fees (MCA ยง 72-3-631), both reasonable amounts with no fixed percentage since a 2019 law change. Confirm current figures with your county District Court clerk.