Montana Real Estate Sale: Do You Need Court Approval?

A clerk appoints the personal representative, and that appointment already carries the power to sell — a judge only enters the picture if something's contested.

Mont. Code Ann. Title 72

Quick answer: generally no in informal probate — the clerk of court appoints the personal representative, and that appointment already carries the power to sell without a separate hearing. Run your own numbers in the Montana probate real estate sale calculator.

The clerk does what a judge does in other states

No separate approval for authorized actions

In Montana, formal approval by the court is not required for any action already authorized in the Uniform Probate Code — which includes selling estate real property, unlike states where an attorney and personal representative must appear before the court for approval of almost every step.

A judge steps in only when something's contested

Formal Probate involves an actual court proceeding before a judge and is used when an estate is contested, when there is uncertainty about the will's validity, or when a party specifically requests formal court supervision.

A middle-weight option for modest estates

For estates too large for the small estate affidavit but still modest, Montana's Summary Administration Procedure is available for estates valued at $100,000 or less — still involving the court, but a lighter-weight process than full informal or formal probate.

Facing probate in Montana?

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

Talk to a Montana attorney

Every Montana county's District Court processes informal probate the same clerk-driven way, under Title 72 of the Montana Code Annotated.

Court approval to sell — frequently asked questions

Who actually appoints the personal representative in Montana's informal probate?

The clerk of court, not a judge — an informal probate application is processed administratively and doesn't require a court hearing at all when the paperwork is in order.

Does that clerk-appointed personal representative already have power to sell?

Yes — formal approval by the court is not required for any action already authorized in the Uniform Probate Code, which includes selling estate real property.

When does a judge actually get involved?

Formal Probate involves an actual court proceeding before a judge, used when an estate is contested, when there is uncertainty about the will's validity, or when a party specifically requests formal court supervision.

Is there a middle path between the small estate affidavit and full probate?

Yes — Montana's Summary Administration Procedure is available for estates valued at $100,000 or less, a lighter-weight court process than full informal or formal probate.

What court approval is needed to sell real estate in Montana probate?

Generally no in informal probate — the clerk of court appoints the personal representative, and that appointment already carries the power to sell without a separate hearing.

This page provides general guidance only and is not legal advice. Based on Mont. Code Ann. Title 72, Chapter 3. Confirm with the District Court or a licensed Montana attorney before acting.