Probate in Montana · 56 counties
Montana Probate Courts
Estates here go through the District Court (Probate Division). Pick a county on the map or search below — each record shows where to file and where every detail comes from.
Small-estate limit
$100,000
Wait 30 days
Death taxes
None
No state death tax
Executor fee
Reasonable
Reasonable fee set by the court
Handwritten wills
Valid
Unwitnessed, in testator’s hand
Plate · MT
Every Montana county, on one map
Population, low → high Green = county courthouse mapped in OpenStreetMap Green = probate office details checked on the court's own website courthouse
§ I
Montana probate rules
- Court
- District Court (Probate Division)In Montana, the District Court in each county exercises probate jurisdiction under the Montana Uniform Probate Code.
- Small estates
- $100,000 (entire probate estate less liens; personal property collected by affidavit)Mont. Code Ann. § 72-3-1101
- Filing the will
- Must lodge will promptly; 3-year deadline for informal or formal probate
- Creditor claims
- 4 months after the date of first publication of notice to creditorsMont. Code Ann. § 72-3-801
- Executor fees
- Reasonable compensation for services (statutory percentage schedule repealed in 2019)Mont. Code Ann. § 72-3-631 · calculator
- Estate tax
- NoneMontana has no state estate tax.
- Inheritance tax
- NoneMontana inheritance tax was repealed by voter initiative in 2000.
- Typical duration
- 6 to 9 months
- Official courts site
- courts.mt.govCase search: Montana Courts Public Access (ePass / Odyssey)
Re-checked Sept 2026 against: law.justia.com (statute) · law.justia.com (statute) · law.justia.com (statute)
Need help with an estate in Montana?
Where to get help.
We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.
- 01 Montana courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
- 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
- 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
§ II · Register
All 56 counties
Sorted by population. office checked = probate office address/phone confirmed on the court's own website. courthouse mapped = located in OpenStreetMap.
| # | County | Seat | Population | Record |
|---|---|---|---|---|
| 1 | Yellowstone County | Billings | 170,843 | county site |
| 2 | Gallatin County | Bozeman | 126,409 | courthouse mapped |
| 3 | Missoula County | Missoula | 121,849 | courthouse mapped |
| 4 | Flathead County | Kalispell | 113,679 | courthouse mapped |
| 5 | Cascade County | Great Falls | 84,900 | courthouse mapped |
| 6 | Lewis and Clark County | Helena | 75,011 | courthouse mapped |
| 7 | Ravalli County | Hamilton | 47,738 | courthouse mapped |
| 8 | Silver Bow County | Butte | 36,360 | courthouse mapped |
| 9 | Lake County | Polson | 33,338 | courthouse mapped |
| 10 | Lincoln County | Libby | 21,895 | courthouse mapped |
| 11 | Park County | Livingston | 17,903 | county site |
| 12 | Hill County | Havre | 16,276 | courthouse mapped |
| 13 | Sanders County | Thompson Falls | 13,684 | courthouse mapped |
| 14 | Glacier County | Cut Bank | 13,609 | courthouse mapped |
| 15 | Jefferson County | Boulder | 13,048 | county site |
| 16 | Big Horn County | Hardin | 12,751 | courthouse mapped |
| 17 | Custer County | Miles | 11,985 | county site |
| 18 | Fergus County | Lewistown | 11,772 | courthouse mapped |
| 19 | Carbon County | Red Lodge | 11,419 | courthouse mapped |
| 20 | Richland County | Sidney | 11,173 | courthouse mapped |
| 21 | Roosevelt County | Wolf Point | 10,319 | courthouse mapped |
| 22 | Beaverhead County | Dillon | 9,885 | county site |
| 23 | Deer Lodge County | Anaconda | 9,673 | courthouse mapped |
| 24 | Madison County | Virginia | 9,521 | courthouse mapped |
| 25 | Stillwater County | Columbus | 9,173 | courthouse mapped |
| 26 | Dawson County | Glendive | 8,810 | courthouse mapped |
| 27 | Rosebud County | Forsyth | 8,160 | courthouse mapped |
| 28 | Broadwater County | Townsend | 8,032 | courthouse mapped |
| 29 | Valley County | Glasgow | 7,474 | courthouse mapped |
| 30 | Powell County | Deer Lodge | 7,133 | courthouse mapped |
| 31 | Blaine County | Chinook | 6,899 | courthouse mapped |
| 32 | Teton County | Choteau | 6,430 | courthouse mapped |
| 33 | Pondera County | Conrad | 6,125 | county site |
| 34 | Chouteau County | Fort Benton | 5,847 | courthouse mapped |
| 35 | Musselshell County | Roundup | 5,308 | courthouse mapped |
| 36 | Toole County | Shelby | 5,133 | courthouse mapped |
| 37 | Mineral County | Superior | 5,090 | courthouse mapped |
| 38 | Phillips County | Malta | 4,249 | courthouse mapped |
| 39 | Sweet Grass County | Big Timber | 3,763 | county site |
| 40 | Granite County | Philipsburg | 3,595 | courthouse mapped |
| 41 | Sheridan County | Plentywood | 3,498 | county site |
| 42 | Fallon County | Baker | 2,994 | courthouse mapped |
| 43 | Judith Basin County | Stanford | 2,093 | courthouse mapped |
| 44 | Meagher County | White Sulphur Springs | 2,071 | courthouse mapped |
| 45 | Wheatland County | Harlowton | 2,057 | courthouse mapped |
| 46 | Liberty County | Chester | 1,974 | courthouse mapped |
| 47 | Powder River County | Broadus | 1,743 | courthouse mapped |
| 48 | McCone County | Circle | 1,676 | courthouse mapped |
| 49 | Daniels County | Scobey | 1,633 | courthouse mapped |
| 50 | Carter County | Ekalaka | 1,418 | courthouse mapped |
| 51 | Garfield County | Jordan | 1,211 | courthouse mapped |
| 52 | Prairie County | Terry | 1,112 | courthouse mapped |
| 53 | Wibaux County | Wibaux | 910 | courthouse mapped |
| 54 | Golden Valley County | Ryegate | 835 | courthouse mapped |
| 55 | Treasure County | Hysham | 772 | courthouse mapped |
| 56 | Petroleum County | Winnett | 554 | courthouse mapped |
§ III
Montana probate questions
What is the small estate affidavit limit in Montana?
$100,000 (entire probate estate less liens; personal property collected by affidavit) (Mont. Code Ann. § 72-3-1101). It can be used 30 days after death. Wait 30 days after death. Net personal property under $50,000. Real estate cannot be transferred via affidavit.
How are executor and administrator fees calculated in Montana?
Reasonable compensation for services (statutory percentage schedule repealed in 2019) (Mont. Code Ann. § 72-3-631). Courts can award more for extraordinary services, such as running a business or litigation.
What is the creditor claim deadline for estates in Montana?
4 months after the date of first publication of notice to creditors (Mont. Code Ann. § 72-3-801). Claims filed after the deadline are generally barred.
Does Montana recognize handwritten (holographic) wills?
Yes. Montana recognizes holographic wills if signature and material provisions are in testator's handwriting (MCA § 72-2-522).
Does Montana have a state estate tax or inheritance tax?
Montana has no state estate tax. There is no inheritance tax.