How much does probate cost in Montana?
20 Jul 2026
Montana has no statutory fee formula. The personal representative is entitled to reasonable compensation, and the section that once governed attorney fees in probate has been repealed.
What is fixed by law is the court’s own charge: $100 to open the case, whether the probate is informal or formal. A small estate of $100,000 or less can skip the case entirely. Everything else here is what the law does set — the notice schedule, the bond floor, and the threshold.
Mont. Code Ann. §72-3-631 — Montana Code Annotated · Verified 1 Aug 2026
Informational only, not legal advice. Figures verified on the date stamped. Details: /disclaimer/
Work it out on your own number
Montana has no statutory formula to work, so the calculator returns what is fixed by law and says plainly that the fee is not.
Montana has no statutory formula to work, so the calculator returns what is fixed by law and says plainly that the fee is not. It opens on the calculator page, already set to Montana.
What each part costs
Every row is one figure, one source, one date. Where Montana fixes no price, the row says so instead of guessing.
| Fee | Amount or formula | Set by | Source | Verified |
|---|---|---|---|---|
| Attorney feeOrdinary services | No statutory scheduleThe section that once governed attorney compensation in Montana probate has been repealed. Courts review attorney compensation for reasonableness under their general probate supervision. | Agreement, reviewed by the court | MCA Title 72, Ch. 3, Pt. 6 section index (§72-3-633 repealed) | 2 Aug 2026 |
| Personal representative feeThe executor or administrator | Reasonable compensationMontana law entitles the personal representative to reasonable compensation for services. There is no percentage in the current statute. | Statute — none | Mont. Code Ann. §72-3-631 | 1 Aug 2026 |
| Court filing feeCommencement of a probate action | $100One fee to file a formal, informal or ancillary petition. It is made up of a $70 filing fee, which includes filing the will, a $20 court reporter fee and a $10 court automation surcharge. Foreign probate with certificate is $85. | Statewide court fee schedule | Clerks of District Court Civil Fee Schedule | 20 Jul 2026 |
| Newspaper publicationNotice to creditors | Not fixed by statuteThe law sets the schedule, not the price: the personal representative publishes notice once a week for three successive weeks in a newspaper of general circulation in the county. The newspaper sets its own charge. | The newspaper | Mont. Code Ann. §72-3-801(1) | 23 Jul 2026 |
| BondPersonal representative’s bond | A floor, not a ceilingWhere a bond is required and the will or order does not fix the amount, the person qualifying files a sworn estimate of the personal estate plus the income expected from the personal and real estate over the next year, and the bond must be for not less than that estimate. | Statutory floor | Mont. Code Ann. §72-3-515 | 23 Jul 2026 |
Most other sites print a percentage here. It is not in the current law. A 3% / 2% cap appears in older printings of §72-3-631 and in many online summaries. It is not in the Montana Code Annotated as it stands, and §72-3-633 is listed as repealed. Any figure worked from that cap would be wrong.
What changes YOUR number in Montana
- What “reasonable compensation” means here
- There is no percentage to apply. The personal representative is entitled to reasonable compensation for the services actually performed, and the court can review what is charged. Attorney fees are a matter of agreement, also open to review.
- What is actually fixed by law
- The court’s own charge: $100 to commence the probate, whether informal or formal. That figure is the sum of a $70 filing fee, a $20 court reporter fee and a $10 court automation surcharge, and it does not vary by county.
- The bond is a floor
- Montana requires a bond of not less than the sworn estimate. That is the opposite of a cap — the amount can be set higher, not lower, than the estimate. The clerk may reduce it by the value of estate assets deposited with a domestic financial institution under §72-3-515(3). The premium itself is a private surety rate, not a figure set by law.
- The notice sets the creditor clock
- Notice runs once a week for three successive weeks, and the four-month period for creditor claims runs from the first publication.
- Publication cost varies
- Montana sets no price for the notice, so the charge depends on the county and the paper.
Estates of $100,000 or less can be collected by affidavit
A Montana estate worth $100,000 or less after liens and encumbrances can be collected by affidavit 30 days after the death, with no court case at all.
- Limit $100,000, measured on the probate estate wherever located, less liens and encumbrances.
- 30-day wait, and no application or petition for a personal representative pending or granted anywhere.
- The claiming successor must be entitled to the property.
- Separate rule: the Department of Revenue may refund unclaimed property of $5,000 or less to a successor whatever the estate is worth.
- Summary administration for small estates is a different procedure, under §72-3-1103.
Mont. Code Ann. §72-3-1101(1) — Montana Code Annotated · Verified 20 Jul 2026. The limit was $50,000 before the 2023 amendment, and many third-party pages — and some county affidavit forms — still print the old figure. The current code text controls.
Three tools, in the order most people need them
Montana probate cost questions
Does Montana set probate attorney fees by statute?
No. The section that once governed attorney compensation in Montana probate, §72-3-633, is listed as repealed. Fees are a matter of agreement, and the court can review them for reasonableness.
How much does the personal representative get paid in Montana?
Reasonable compensation for the services performed. §72-3-631 sets no percentage. The 3% / 2% cap that appears in older printings and in many online summaries is not in the current statute.
What does it cost to open a probate case in Montana?
$100, whether the probate is informal or formal. That is a $70 filing fee including filing the will, a $20 court reporter fee and a $10 court automation surcharge. Foreign probate with certificate is $85.
How much is the newspaper notice in Montana probate?
Montana sets no price. §72-3-801(1) sets only the schedule: once a week for three successive weeks in a newspaper of general circulation in the county. The charge varies by county and by paper.
Can a small estate avoid probate in Montana?
An estate worth $100,000 or less after liens can be collected by affidavit 30 days after the death, provided no application or petition for a personal representative is pending or granted. The limit was $50,000 before the 2023 amendment.
Sources & verification
Every figure on this page was checked against the official source on the date shown. Statutory figures are re-checked annually.
- Personal representative fee — Mont. Code Ann. §72-3-631 mca.legmt.govVerified 1 Aug 2026 · annual statutory re-check
- Attorney fee, repealed section — MCA Title 72, Ch. 3, Pt. 6 section index mca.legmt.govVerified 2 Aug 2026 · annual statutory re-check
- Court filing fee — Montana Judicial Branch, Clerks of District Court Civil Fee Schedule courts.mt.govVerified 20 Jul 2026 · re-checked each time the schedule is reissued
- Small-estate threshold — Mont. Code Ann. §72-3-1101(1) mca.legmt.govVerified 20 Jul 2026 · annual statutory re-check
- Publication schedule — Mont. Code Ann. §72-3-801(1) mca.legmt.govVerified 23 Jul 2026 · annual statutory re-check
- Bond — Mont. Code Ann. §72-3-515 mca.legmt.govVerified 23 Jul 2026 · annual statutory re-check
Researched and verified by John Terra · Methodology
This page is information, not legal advice. Reading it does not create an attorney-client relationship. Laws and fee schedules change; every figure here was verified on the date stamped beside it. For advice about your own situation, consult an attorney licensed in Montana. Full terms: /disclaimer/
Every state, one standard: How much does probate cost? →
Nearby and often compared: Arkansas, California, Iowa and Missouri
When a figure changes, know first
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