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Montana Probate Timeline Calculator

Montana runs two separate small-estate shortcuts side by side — one with no court filing at all, one that only kicks in after a personal representative is already appointed.

Based on MCA § 72-3-801 & 72-3-803 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Your Montana probate

Pick the options that match your estate — the estimate updates instantly.

Estimated timeline in Montana
6–12 months
Informal probate, uncontested
Affidavit vs Summary Administration? →
Facing probate in Montana?

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Montana's probate timeline, at a glance

MilestoneMontana ruleSource
Collection-by-affidavit eligible$100,000 or less, net of liens, personal property only, 30 days after deathMCA § 72-3-1101
Summary Administration eligibleNo fixed dollar cap; tied to statutory allowances and costs, after PR appointedMCA § 72-3-1103
Notice to creditors publishedOnce a week, 3 successive weeks§ 72-3-801
Creditor claim barEarlier of 1 year after death, or the notice-based deadline (4 months from publication)§ 72-3-803
District Court filing feeFlat $100District Court fee schedule

Montana probate timeline — frequently asked questions

How long does probate take in Montana?

Simple, uncontested estates commonly take 6 to 12 months, driven by the 4-month creditor claim period from first publication.

How long do Montana creditors have to file a claim?

Claims are barred at whichever comes earlier: 1 year after the date of death, or 4 months after first publication of notice to creditors (or 60 days after mailed notice to a known creditor, if later).

What's the difference between Montana's affidavit and Summary Administration?

The affidavit (currently $100,000, net of liens) lets a successor collect personal property with no court filing and no personal representative. Summary Administration is a separate procedure for an estate that already has an appointed personal representative, available when the estate's value falls below certain statutory allowances and costs — it has no fixed dollar ceiling.

Does Montana have an estate or inheritance tax?

No. Montana has no estate tax and no inheritance tax. Only the federal estate tax applies, and only to estates above the federal exemption.

Montana probate tools & guides

Montana Probate DeadlinesEvery statutory date, with citations What Delays Probate in MontanaThe real causes, beyond the baseline Affidavit vs Summary AdministrationWhich one applies to your estate Montana Probate vs Living TrustWould a trust have avoided this?

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Montana statute (MCA § 72-3-801, 72-3-803, 72-3-1101, 72-3-1103). Actual timelines depend on the specific District Court and whether the estate is contested. Confirm current timelines with the District Court or a licensed Montana attorney before acting.