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.
Montana's UPC framework gives executors more flexibility than most states, but the right path depends on the size of the estate and how assets are titled.
- Personal property under $100,000 can often transfer by affidavit without opening probate.
- Informal probate — no court hearing required — is available for most uncontested estates.
- Montana has no state estate tax, but Medicaid recovery can reach assets outside probate.
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 $100,000 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.
If you are weighing whether to hire an attorney, see probate lawyer costs by state for typical fee ranges, including Montana. Executor pay is covered in executor fees by state.
Wills
Will Signing Requirements in Montana
A valid Montana will must be signed by the testator and by two witnesses, each of whom signs within a reasonable time after seeing the testator sign or hearing the testator acknowledge the signature or the will (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.
Montana also recognizes holographic wills: a will is valid without witnesses if the signature and the material portions are in the testator's own handwriting (72-2-522 MCA). Holographic wills are more often challenged in court than witnessed wills. 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.
A Montana living will declaration must be signed by the person making it (or by someone at their direction) and witnessed by two individuals (50-9-103 MCA). The agent's authority takes effect when the person lacks capacity to make their own health care decisions, and it 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:
- No descendants and no surviving parent: the spouse takes the entire estate.
- No descendants, but a parent survives: the spouse takes the first $300,000 plus three-fourths of the rest.
- All descendants are shared with the spouse, and the spouse has no other descendants: the spouse takes the entire estate.
- All descendants are shared, but the spouse also has children from another relationship: the spouse takes the first $225,000 plus one-half of the rest.
- The deceased has descendants who are not the spouse's: the spouse takes the first $150,000 plus one-half of the rest.
Even when a will exists, a surviving spouse may not be disinherited entirely. Montana's elective share lets a surviving spouse claim 50% of the marital-property portion of the augmented estate, which includes many assets outside probate, with a supplemental amount of up to $75,000 if the share is small (72-2-232 MCA). The election has strict deadlines.
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 $100,000 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 to the surviving owner upon presentation of a death certificate, with no court involvement. Montana also allows a transfer-on-death beneficiary on a vehicle title (Form MV13); the vehicle passes to the named beneficiary without probate (61-3-226 MCA). Vehicles held in a living trust transfer to the successor trustee without probate. Montana also recognizes transfer-on-death deeds for real estate and TOD designations on financial accounts.
Medicaid Recovery
Montana Medicaid Estate Recovery
Montana Medicaid, administered by the Department of Public Health and Human Services (DPHHS), can recover Medicaid costs from a deceased recipient's estate (53-6-167 MCA). This includes nursing home care, home- and community-based services, and related medical expenses.
Montana's recovery is not limited to the probate estate. The law reaches property the recipient had an interest in just before death that passes to survivors or beneficiaries through joint tenancy, tenancy in common, right of survivorship, a life estate, a living trust, or a similar arrangement. Montana can also place liens on certain real property during the recipient's life.
Recovery is delayed while any of the following is living:
- A surviving spouse.
- A child of the deceased under age 21.
- A blind or disabled child of the deceased, regardless of age.
When no protected family member remains, DPHHS may file its claim. 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.
For how the federal estate recovery rules work, which survivors are protected, and how hardship waivers work, see our guide to Medicaid estate recovery.
We reviewed this page against official court, agency, and primary-source materials that map to the probate, transfer, directive, tax, or vehicle rules most likely to matter after a death in Montana.