Montana
Estate law, probate process, and inheritance rules for Montana — in plain language.
$2,000–$4,000 typical
Affidavit MCA §72-3-1101
Elective share: graduated (MUPC, 5%–50%)
Spouse + descendants of marriage: spouse takes 100%.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed within 30 days
- ⏱Notice to creditors: 4 months
- ⏱Inventory: 6 months after appointment
- ⚠Outdated beneficiary designations override the will
- ⚠Real estate in another state triggers ancillary probate
- ⚠Joint tenancy with non-spouse can create unintended consequences
- →No state tax — probate avoidance via trust
- →MT ranch land succession requires specific planning
- MCA Title 72 (Estates, Trusts, and Fiduciary Relationships)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in Montana.
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