FigureMyTax

Montana Probate Real Estate Sale Calculator

The clerk of court, not a judge, appoints the personal representative — and that appointment already carries the power to sell.

Based on Mont. Code Ann. Title 72 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Selling a Montana probate house

Enter the sale price to see the typical cost picture.

$
Estimated cost of this Montana probate sale
$0
Do I need court approval? →
Facing probate in Montana?

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

Talk to a Montana attorney

A clerk-driven process, not a judge-driven one

What makes Montana different: an informal probate application in Montana is processed administratively by the clerk of court, not by a judge, and does not require a court hearing at all when the paperwork is in order — the clerk appoints a personal representative who has the power to sell.

A percentage schedule that no longer exists

Montana used to cap compensation at 3% of the first $40,000 of estate value plus 2% of the excess, but that entire schedule was repealed by Laws 2019, Ch. 313 — any source still citing those old percentages is describing law that is no longer in effect. Today the personal representative is entitled only to reasonable compensation, with no percentage to fall back on.

No state estate or inheritance tax

Montana imposes neither. See Capital Gains Tax on the Sale for Montana's own, genuinely favorable rate on the gain itself.

Medicaid recovery is worth checking first

If the deceased received Montana Medicaid long-term care benefits, contacting DPHHS directly for a recovery determination before closing the estate can avoid a costly surprise later.

Montana probate real estate sale — frequently asked questions

Does a Montana personal representative need court approval to sell the house?

Generally not in informal probate — the clerk of court, not a judge, appoints the personal representative, who then has the power to sell without a separate hearing for any action already authorized under the Uniform Probate Code.

How much does a Montana personal representative get paid for selling the house?

Montana used to cap compensation by statute, but that percentage schedule was repealed in 2019 — today the personal representative is entitled only to reasonable compensation, with no percentage to fall back on.

Does Montana have a state estate or inheritance tax on the sale?

No — Montana imposes neither, and only the federal estate tax, with its much higher 2026 threshold, can apply.

Could Medicaid recovery affect the sale?

Potentially, yes — if the deceased received Montana Medicaid long-term care benefits, contacting DPHHS for a recovery determination before closing the estate is worth doing.

What is Montana's state tax rate on the sale's gain?

Montana taxes long-term capital gains at separate, lower rates than ordinary income — 3.0% or 4.1% for 2026, depending on the amount, rather than the higher 4.7% or 5.65% ordinary brackets.

Same code, every county's district court

Probate matters are heard in the District Court for the county where the decedent lived, but Title 72 of the Montana Code Annotated applies identically statewide.

Montana probate real estate sale tools & guides

Court Approval to Sell in MontanaWhy the clerk, not a judge, handles this Montana Sale Costs & CommissionThe old percentage schedule, repealed in 2019 Capital Gains Tax on the Sale in MontanaA separate, lower rate for the gain Montana Executor Fee CalculatorReasonable compensation, explained Montana Small Estate CheckerDoes this estate even need a sale?

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on Mont. Code Ann. §72-3-631 and typical realtor commission rates. Actual costs depend on the estate's own facts. Confirm current figures with the District Court or a licensed Montana attorney before acting.