Montana Probate Deadlines: What to File and When

Montana's notice runs a week longer than several neighboring states, and a claim already dead in the decedent's home state stays dead here too.

MCA Title 72, Chapter 3, Part 8

Quick answer: the deadline that shapes the whole schedule is the creditor claim bar under § 72-3-803 — barred at whichever comes earlier between 1 year after death or the notice-based deadline. See the full Montana probate timeline calculator for your specific estimate.

The core deadlines, in order

DeadlineMontana ruleStatute
Notice to creditors publishedOnce a week, 3 successive weeks§ 72-3-801(1)
Known creditor, mailed noticeLater of the publication deadline or 60 days from mailing§ 72-3-801(2)
Inventory filedWithin a reasonable time, commonly around 3 monthsUPC probate practice
Creditor claim barEarlier of 1 year after death, or the notice-based deadline§ 72-3-803(1)
Out-of-state claim already barredStays barred in Montana too§ 72-3-803(2)

A three-week run, not two

Worth noting: Montana requires notice to creditors published once a week for 3 successive weeks under § 72-3-801(1) — one week longer than the 2-week run required in several neighboring Uniform Probate Code states. The 4-month claim window still runs from the date of first publication, not the third, but the extra week of required publication adds a small amount of upfront administrative time.

Cross-state nonclaim recognition

If a creditor's claim was already time-barred under the nonclaim statute of the decedent's home state before notice to creditors was ever given in Montana, § 72-3-803(2) keeps that claim barred here as well — a coordination rule that matters for decedents who moved to Montana late in life or held assets across state lines.

Facing probate in Montana?

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

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Montana probate deadlines — frequently asked questions

How many weeks must a Montana notice to creditors run?

Once a week for 3 successive weeks in a newspaper of general circulation in the county where the estate is being probated, under Section 72-3-801 — one week longer than several neighboring Uniform Probate Code states.

What happens if a Montana creditor claim was already barred in the decedent's home state?

It stays barred in Montana too. A claim barred by the nonclaim statute of the decedent's domicile before notice to creditors is given in Montana remains barred in Montana, under Section 72-3-803(2).

When is the inventory due in a Montana probate?

Within a reasonable time of appointment, commonly cited as around 3 months in practice, listing all probate assets at date-of-death fair market value.

Does a Montana personal representative have to wait for the creditor period to end before distributing assets?

As a practical matter, yes — distributing before the creditor period expires and all valid claims are resolved risks personal liability for the personal representative.

Estimate for general guidance only, not legal advice. Based on MCA § 72-3-801, 72-3-803. Confirm current deadlines with the District Court or a licensed Montana attorney.