What to Do When Someone Dies in Montana
Reviewed by Everendium Editorial Team · Last reviewed August 18, 2026
Quick answer
Montana adopted the Uniform Probate Code, allowing an informal probate process for many uncontested estates handled through District Court. Montana offers a small estate affidavit process and has no state estate or inheritance tax.
Montana offers an efficient, accessible probate process for many families, without state-level estate tax to plan around.
Death certificates
Certified death certificates in Montana are issued through the Montana Department of Public Health and Human Services Vital Records office. The funeral home typically handles ordering these on your behalf.
Informal probate
Montana adopted the Uniform Probate Code, allowing many uncontested estates with a valid will to go through an informal probate process — generally faster than more heavily court-supervised proceedings, handled through District Court.
Simplified process for small estates
Montana offers a small estate affidavit process for qualifying estates below a specific value threshold, allowing assets to be collected without full formal administration.
No state estate or inheritance tax
Montana does not currently have a state estate tax or inheritance tax.
Where to get help
- Montana Department of Public Health and Human Services for death certificate questions
- State Bar of Montana for attorney referrals, including estate and probate specialists
Montana law can change. This is general educational information, not legal advice — please consult a Montana-licensed attorney for guidance specific to your situation.
Frequently asked questions
How do I get a death certificate in Montana?+
The funeral home typically orders certified copies through the Montana Department of Public Health and Human Services Vital Records office on your behalf.
Is probate simple in Montana?+
For many uncontested estates with a valid will, yes - Montana adopted the Uniform Probate Code, allowing an informal probate process generally faster than more heavily court-supervised proceedings, handled through District Court.
Is there a simplified process for small estates in Montana?+
Yes - Montana offers a small estate affidavit process for qualifying estates below a specific value threshold, allowing assets to be collected without full formal administration.
Does Montana have a state estate or inheritance tax?+
No - Montana does not currently have a state estate tax or inheritance tax.
Sources
Related glossary terms
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