What Families Need to Know After a Death in Montana

Montana follows the Uniform Probate Code — one of the more straightforward probate frameworks in the country — but there are still specific rules around small estate shortcuts, spousal rights, and Medicaid recovery that determine what steps you actually need to take. This guide covers the six areas of Montana law most likely to affect what you do next.

Probate
Probate & Small Estate Rules in Montana

Montana probate is filed in the District Court of the county where the deceased lived. Montana adopted the Uniform Probate Code (UPC), which provides both informal and formal administration options. For most families with uncontested estates, informal probate is the default path — it requires no court hearing and no judge's direct supervision.

Montana's small estate affidavit (authorized under 72-3-1101 MCA) allows personal property worth $50,000 or less to transfer without opening probate at all. The affidavit can be used 30 days after the date of death. Real property is not covered by this path — land and houses require either formal probate or a non-probate transfer mechanism such as a living trust or transfer-on-death deed.

When full probate is required, the creditor claim period runs for 4 months from the date of first publication of the notice to creditors, or 1 year from the date of death — whichever is earlier. Montana has no state estate tax, so there is no state-level tax return to file for the estate. A typical Montana probate runs 6–12 months for straightforward estates.

Wills
Will Signing Requirements in Montana

A valid Montana will requires the testator's signature plus the signatures of two adult witnesses who sign in the testator's presence (72-2-522 MCA). Notarization is not required for a standard witnessed will, but a self-proving affidavit can be attached at signing to simplify the court process later — it removes the need to track down witnesses during probate.

Montana also recognizes holographic wills — wills written entirely in the testator's handwriting and signed, with no witnesses required. This authority also comes from 72-2-522 MCA. While a holographic will is legally valid, it is more frequently challenged in court than a witnessed will. If you find a handwritten document that appears to be a will, present it to the District Court — do not discard it.

If there is no valid will, Montana's intestate succession rules under 72-2-112 MCA determine who inherits. The order generally runs: surviving spouse, then descendants, then parents, then siblings, with specific rules for blended families. Understanding which rule applies matters most when the estate has assets that are not already covered by beneficiary designations or joint title.

Advance Directive
Montana Advance Directive for Health Care

Montana uses a combined Advance Directive for Health Care that covers both the appointment of a healthcare agent (proxy) and the declaration of treatment preferences (living will). The governing statute is 50-9-101 MCA et seq. A single document handles both functions, which makes it widely accepted by hospitals, hospice providers, and care facilities throughout the state.

To be valid, the Montana Advance Directive must be signed by the principal and either two witnesses or a notary public. Witnesses cannot serve as the designated healthcare agent. The agent's authority takes effect when the principal lacks capacity to make their own healthcare decisions — and ends at death.

Montana also recognizes POLST (Physician Orders for Life-Sustaining Treatment) orders. A POLST is a physician-signed medical order governing immediate treatment decisions and is distinct from the Advance Directive. Both can coexist: the POLST controls real-time clinical decisions, while the Advance Directive governs longer-term care direction and names the decision-maker.

Spousal Rights
Spousal Rights and Intestate Succession in Montana

Montana is not a community property state. Each spouse owns property in their own name, and there is no automatic joint ownership of assets acquired during marriage. This means a surviving spouse does not automatically inherit the deceased's separately titled assets — what happens depends on whether there is a will, beneficiary designations, or joint ownership arrangements.

Under Montana's intestate succession statute (72-2-112 MCA), when there is no will, the surviving spouse's share depends on whether the deceased had descendants:

• If the deceased had no descendants — the surviving spouse takes the entire estate.
• If the deceased had descendants who are also the surviving spouse's descendants — the spouse takes the entire estate.
• If the deceased had descendants from a prior relationship — the spouse's share is divided with those descendants according to Montana's UPC formula.

Even when a will exists, a surviving spouse may not be disinherited entirely. Montana's elective share under 72-2-221 MCA gives a surviving spouse the right to claim one-third of the augmented estate, regardless of what the will provides. This right must be exercised within the time allowed after probate is opened.

Additional protections include a homestead exemption and a family allowance, which give the surviving spouse and minor children access to certain assets and funds during estate administration — before creditors are paid.

Vehicle Transfer
Transferring a Vehicle After Death in Montana

The Montana Motor Vehicle Division (MVD) handles vehicle title transfers after death. The path depends on how the vehicle was titled and the size of the estate.

For qualifying estates, the small estate affidavit path under 72-3-1101 MCA can be used to transfer a vehicle without opening probate — provided the total personal property value is at or below the $50,000 threshold. The affidavit can be presented to the MVD 30 days after death, along with the death certificate and the original title.

For larger estates where formal probate is opened, the personal representative uses Letters Testamentary (or Letters of Administration) to authorize the transfer. The MVD requires the Letters along with the original title and death certificate.

Vehicles held in joint survivorship title pass automatically to the surviving owner upon presentation of a death certificate — no court involvement required. Vehicles held in a living trust transfer to the successor trustee without probate or MVD affidavit procedures. Montana also recognizes transfer-on-death (TOD) deeds for real property, and TOD designations on financial accounts pass those assets outside the probate estate entirely.

Medicaid Recovery
Montana Medicaid Estate Recovery

Montana Medicaid, administered by the Department of Public Health and Human Services (DPHHS), has the right to seek reimbursement from a deceased beneficiary's estate for long-term care costs paid after age 55. This includes nursing home care, home- and community-based services, and related medical expenses paid by the Medicaid program.

Montana's recovery is limited to the probate estate — assets that must pass through the District Court. Assets that pass outside probate (joint tenancy, accounts with beneficiary designations, living trusts, TOD deeds) are not subject to recovery under current Montana law.

Recovery is waived under the following circumstances:

• A surviving spouse is living.
• A surviving minor child of the deceased is living.
• A surviving blind or disabled child of the deceased is living, regardless of age.

If none of these waivers apply, DPHHS will file a claim against the probate estate. You must notify DPHHS before distributing any estate assets. Distributing assets before resolving a Medicaid recovery claim can create personal liability for the executor or personal representative.

If you are unsure whether the deceased received Medicaid long-term care benefits, contact DPHHS directly to request a recovery determination before closing the estate.