It’s never easy losing a loved one, and dealing with their estate can seem like too much to do alone. In Montana, the probate system guarantees that an individual’s last wishes are honored and their property is passed along properly. But the legal process can be overwhelming without proper guidance. A probate and estate attorney helps families navigate the system and see that every requirement is satisfied.
Whether you are named an executor or simply wish to get a better understanding of your position, knowing how to put a will into probate is an essential step. The process is explained in simple terms so you can work through it with confidence and focus.
What Is Probate and When Is It Required in Montana?
Probate is the court process of verifying a will, paying off debts, and transferring property to beneficiaries. Not every estate in Montana is required to undergo full probate. Estates that have fewer than $50,000 of assets (excluding jointly owned assets) qualify for a simplified process in Montana Code Annotated (MCA) §72-3-1101.
But other estates, which hold real property or exceed this amount, must go through formal probate. A will has to meet state standards: the testator is 18 years old and of sound mind. The testator and two witnesses must sign the will. Handwritten wills are legal if fully written and signed by the testator, under MCA §72-2-522.
Step-by-Step Procedure to Probating a Will:
Find the Original Will
You’ll require the original will. Montana courts won’t accept copies except when you provide proof that the original was lost or destroyed.
Petition with the District Court
The executor named in the will, or a relative, if no one is so named, will be required to submit an Application for Informal Probate or a Petition for Formal Probate in the county court district where the decedent lived. Include the original will, death certificate, and a schedule of heirs and beneficiaries.
Choose Informal or Formal Probate
- Informal Probate: Quick and less costly. The court registrar appoints the executor without a hearing (MCA §72-3-201).
- Formal Probate: Required where there is conflict, unclear language, or contests of the will. A judge presides and makes rulings as necessary.
Inform Heirs and CreditorsThe executor must publish notice to creditors in a local newspaper for three weeks and notify known beneficiaries (MCA §72-3-801). Creditor claims must be filed within four months.
Take Inventory and Appraise Assets
The executor must file an accurate inventory of assets within three months of appointment. This includes real property, personal items, and bank accounts. Property of value may be required to be appraised.
Pay Taxes and Debts
Legitimate debts and taxes need to be paid before assets can be distributed. Montana does not have an inheritance tax, but federal estate taxes are owed on estates over $13.61 million (2025 exemption amount).
Close the Estate and Distribute Assets
All of these obligations are paid first before the assets are distributed by the executor as per the will. The executor then submits a final accounting to the court, which is ratified and brings the estate to a close.
Common Challenges During Probate
Even if there is a valid will, problems can occur. Disagreements between inheritors, lost documents, or disputed wills can slow things down. A probate and estate lawyer can handle these obstacles, prepare petitions, and act on your behalf in court.
If the will is invalid, then Montana intestate succession laws would dictate the recipient of the estate, usually starting with the spouse, children, or parents. This shows the importance of proper estate planning to avoid future fights.
Timelines and Costs to Expect
Informal probate cases usually take 6 to 12 months. Formal cases with controversy might take longer. Filing fees range from $70 to $200, depending on the county. Other charges include publication fees, appraisals, and lawyer services.
Attorney fees will depend on the size and complexity of the estate, averaging 2–5% of the overall value. While this can seem high, having a professional guarantees legal compliance with Montana statutes and prevents errors later on that could end up costing much more.
Signing Will in Montana
The process of submitting my will in Montana requires care, accuracy, and knowledge of the local statutes. Every process must comply with the Montana Code Annotated under Title 72. Simple estates can be self-prepared, but professional legal services guarantee compliance and the convenience of execution.
Gather vital documents such as the will, death certificate, and an asset inventory. Then contact your district court or a professional attorney to guide you through the process. With proper preparation and professional guidance, you can become capable of processing and submitting my will in Montana efficiently and satisfying your deceased loved one’s final wishes
