Montana Probate and Intestate Succession: What Happens Without a Will (2026)

Montana is a genuine Uniform Probate Code state, and most estates use Informal Probate, where the clerk of the District Court, not a judge, processes the application when there is no dispute.

Information last verified on 2026-07-16. This article has not yet been reviewed by a licensed lawyer.

How Probate Works in Montana

Montana probate matters are heard in the District Court for the county where the decedent lived, and Montana Code Annotated Title 72, Chapter 3, titled Uniform Probate Code, Probate and Administration, closely follows the national Uniform Probate Code model. Montana offers two procedural tracks. Informal Probate is the most common route for uncontested estates. Notably, an informal probate application in Montana is processed administratively by the clerk of court, not by a judge, and does not require a court hearing at all when the paperwork is in order. Formal Probate involves an actual court proceeding before a judge and is used when an estate is contested, when there is uncertainty about the will's validity, or when a party specifically requests formal court supervision.

Within either track, the general sequence still applies. The personal representative, called an executor if named in a will or an administrator if appointed for an intestate estate, is issued letters testamentary or letters of administration confirming their authority. The estate's assets are identified and valued, notice is given to creditors, valid debts and taxes are paid, and the remaining property is distributed to the heirs or beneficiaries before the estate is closed. Because Montana's informal track is processed by the clerk of court rather than a judge, uncontested Montana estates often move through this stage faster than in states that require a hearing even for routine, uncontested matters.

Intestate Succession in Montana: Who Inherits Without a Will

Montana's intestate succession rules come directly from its Uniform Probate Code codification. MCA Section 72-2-112 sets the surviving spouse's share, and it depends on the makeup of the decedent's descendants. If the decedent is not survived by any descendant or parent, or if every surviving descendant is also a descendant of the surviving spouse and the spouse has no other descendants of their own, the surviving spouse takes the entire estate. If the decedent has no descendant but is survived by a parent, the spouse takes the first $300,000 of the estate plus three quarters of whatever remains. If every one of the decedent's descendants is shared with the surviving spouse, but the spouse also has descendants who are not the decedent's, the spouse takes the first $225,000 plus one half of the balance. If any of the decedent's descendants are not also descendants of the surviving spouse, a blended family on the decedent's side, the spouse's share drops further, to the first $150,000 plus one half of the balance, with the rest passing to the decedent's descendants. Montana is not a community property state, so these statutory shares govern the decedent's full probate estate.

If no spouse survives, MCA Section 72-2-113 sends the estate to the decedent's descendants by representation. If there are none, it passes to the decedent's parents equally, or to the surviving parent if only one is living. If neither parent survives, it passes to the descendants of the decedent's parents, meaning siblings and their descendants, by representation. If none of those survive either, half of the estate passes to the decedent's paternal grandparents or their descendants and half to the maternal grandparents or their descendants. Only when no heir can be found under any of these categories does a Montana estate escheat to the State of Montana.

One way to make sure your property goes to the people you actually choose, rather than following Montana's intestate succession order, is to have a valid will in place. recordinglaw.com's free Montana Last Will and Testament Generator can help you create one, with no account required.

Small Estate and Simplified Probate in Montana

Montana offers two tiers of simplified procedure, scaled to the size of the estate. The Collection of Personal Property by Affidavit, under MCA Section 72-3-1101, lets an heir collect a decedent's personal property directly, without any court proceeding, when the value of the probate estate, less liens and encumbrances, does not exceed $100,000. As in most states, Montana imposes a waiting period, requiring at least 30 days to pass after death before the affidavit can be used. For thresholds, waiting periods and forms, see our guide to the Montana small estate affidavit.

For estates too large for the affidavit, Montana's Summary Administration Procedure under MCA Section 72-3-1103 offers a lighter-weight, court-involved alternative to full Informal or Formal Probate. It is available when the value of the entire estate, less liens and encumbrances, does not exceed the total of the homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and the decedent's reasonable and necessary last-illness medical and hospital expenses, rather than a flat dollar cap. Together, these two tiers mean a meaningful share of Montana estates, particularly ones consisting mostly of personal property and modest accounts, never need the full probate process at all.

Does Montana Have an Estate or Inheritance Tax?

Montana has no state estate tax and no state inheritance tax. Only the federal estate tax can apply to a Montana estate, and in 2026 that tax exempts the first $15,000,000 per person, so it affects only the largest estates nationally. Most Montana estates fall well under that threshold and owe no federal estate tax either.

Do You Need a Probate Attorney?

Many straightforward Montana estates, especially ones that qualify for the Collection of Personal Property by Affidavit or Summary Administration, move through the process without a probate attorney, and Montana's clerk-processed Informal Probate track is designed to be navigable without one for uncontested cases. If a contest or dispute sends a Montana estate into Formal Probate before a judge, ask a Montana probate lawyer for a free case evaluation on representing the estate in that proceeding (attorney advertising). For a broader look at when a probate attorney is worth the cost, see Probate by State.

Disclaimer

This article provides general information about probate and intestate succession in Montana as of the verification date above. It is not legal advice and does not create an attorney-client relationship. It is not a substitute for advice from a probate attorney licensed in Montana, particularly for a contested estate, a business interest, or a blended family. Dollar thresholds and statutes change; verify current figures directly with the Montana courts or the cited official source before relying on any figure here.

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Last updated: 2026-07-16. Figures and statutes cited reflect their in-force version as of 2026-07-16.

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Frequently Asked Questions

What court handles probate 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.

Does Montana have an inheritance tax?

No. Montana has no state inheritance tax and no state estate tax. Only the federal estate tax, which exempts the first $15,000,000 per person in 2026, can apply.

What is Montana's small estate affidavit threshold?

Montana's Collection of Personal Property by Affidavit, under MCA Section 72-3-1101, is available when the probate estate does not exceed $100,000, usable starting 30 days after death. A separate Summary Administration Procedure under MCA Section 72-3-1103 covers estates small enough to be consumed by specific statutory allowances and expenses, rather than a flat dollar threshold.

Who inherits if you die without a will in Montana?

Under MCA Section 72-2-112, a surviving spouse takes the entire estate if there are no descendants or parents, or if all descendants are shared with the spouse and the spouse has no other children. In blended families, the spouse's share is a set dollar amount plus a fraction of the balance, with the rest passing to descendants.

What is the difference between informal and formal probate in Montana?

Informal Probate is processed by the clerk of court for uncontested estates and does not require a judge's hearing. Formal Probate involves an actual court proceeding before a judge and is used for contested or complex estates.

How long does probate take in Montana?

Informal, uncontested administration commonly resolves within roughly 6 to 12 months. Formal or contested administration can extend to 12 months or longer, while small-estate affidavit transfers can complete in a matter of weeks after the 30-day waiting period.

Does having a will avoid probate in Montana?

No. A will typically still needs to go through Informal or Formal Probate. What a will accomplishes is letting you choose who inherits instead of Montana's intestate succession statute.