How Probate Works After a Death in Montana

Montana offers two simplified small estate options, alongside a distinctive 2023 change that surviving spouses should know about.

Where is probate handled in Montana?

Montana probate matters are heard in the District Court for the county, though informal, uncontested applications are processed by the clerk of court rather than a judge - Montana’s adoption of the Uniform Probate Code allows this streamlined approach for many estates.

What are the two simplified options?

Montana offers:

• A small estate affidavit (“Collection of Personal Property by Affidavit,” MCA § 72-3-1101) for a probate estate of $100,000 or less (raised from $50,000 in 2023), usable 30 days after death, with no court filing required
• A separate Summary Administration Procedure (MCA 72-3-1103 and 1104) for an estate already open in court, which a personal representative can close with a sworn statement; its value test is tied to statutory allowances, not a $100,000 figure

Together, these two tiers mean a meaningful share of Montana estates - particularly those consisting mostly of personal property and modest accounts - never need the full probate process at all. See our companion piece explaining the small estate affidavit in more depth.

What is Montana’s augmented estate, and why does it matter?

Montana’s augmented estate - the framework used to calculate a surviving spouse’s elective share - was expanded in 2023 to include retirement accounts: 401(k)s, IRAs, and similar plans are now counted. Previously, retirement accounts were excluded, which allowed a spouse to be effectively disinherited by directing wealth into tax-deferred accounts with non-spouse beneficiaries. Combined with the existing framework (which already included revocable trusts and joint accounts), this means virtually no asset class is safe from a spousal elective share claim in Montana.

Does Montana have a state estate or inheritance tax?

No - Montana has no state estate tax and no state inheritance tax. Only the federal estate tax can apply, and only to very large estates.

What should I do next?

Check the probate estate against the $100,000 affidavit limit before assuming full probate is needed, and ask the court about summary administration if an estate is already open. If you’re doing estate planning as a couple, understand that Montana’s expanded augmented estate now reaches retirement accounts too, closing a gap that used to let a spouse be effectively disinherited.

Add this to your Final Day Plan: if you’re married, discuss with an estate attorney how Montana’s augmented estate rules affect your retirement account beneficiary designations - the 2023 change means these accounts are no longer a way around a spouse’s elective share.

Montana law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult a Montana-licensed attorney for guidance specific to your situation.