Probate cost · Montana
Probate cost in Montana
What every fee is, who sets it, and what a typical estate actually pays end to end.
Probate in Montana costs about $18,770 to $32,140 for a $500,000 estate. The District Court charges $90 to open the case. Executor and attorney fees are the largest line items, set under § 72-3-1101. Publication, bond, and appraisal add $580-$3,950.
Fee breakdown
Every probate cost in Montana, itemized. Amounts vary by county and by estate complexity.
| Court filing fee | $90 | District Court filing fee. Informal probate is available under §72-3-201. |
|---|---|---|
| Publication of notice | $80 - $250 | Newspaper notice to creditors, required in most counties. |
| Executor bond | $200 - $2,500 | Often waived by the will. When required, premium is ~0.5% of the estate value. |
| Appraisal | $300 - $1,200 | For real estate, business interests, or unique personal property. |
| Executor fee | $8,100 on $500k | §72-3-631: 3% of first $40k, 1.5% of the balance of the personal estate. |
| Attorney fee | $10,000 - $20,000 on $500k | Attorney fees are reasonable and court-approved, typically 2-4% of the estate. |
Total by estate size
Estimated total probate cost in Montana across three common estate sizes. Uses statutory fees where Montana has them, market ranges where it doesn't.
| $200,000 estate | $8,270 - $15,640 |
|---|---|
| $500,000 estate | $18,770 - $32,140 |
| $1,000,000 estate | $36,270 - $59,640 |
Ranges assume an uncontested estate with one parcel of real property. Contested estates, out-of-state assets, and businesses add cost.
How to reduce probate cost in Montana
- If the estate is under $50,000, use a small estate affidavit instead of full probate.
- Convert accounts to payable-on-death and beneficiary designations before death. Those assets bypass probate entirely.
- Use a revocable living trust for real estate to avoid the District Court probate process.
- Ask the will to waive bond. That saves the $200-$2,500 premium.
- For clean, uncontested estates, use a cost calculator first so you know what to expect before hiring counsel.
Common questions
How much does probate cost in Montana?
Total probate cost in Montana for a $500,000 estate typically runs $18,770 to $32,140. A $200,000 estate costs about $8,270-$15,640, a $1M estate $36,270-$59,640. Court filing alone is $90.
Who pays probate fees in Montana?
The estate pays every probate cost from estate assets before heirs receive anything. Executor and attorney fees, the District Court filing fee, publication, and bond premiums all come out of the estate under § 72-3-1101.
Can I reduce probate cost?
Yes. Using the small estate affidavit skips full probate when the estate is under the state threshold ($50,000 in Montana). Beneficiary designations, joint accounts, and living trusts also keep assets out of probate entirely.
What is the executor fee in Montana?
§72-3-631: 3% of first $40k, 1.5% of the balance of the personal estate.
How long does it take to pay these fees?
Filing and publication are paid at filing. Executor and attorney fees are approved by the District Court at the end, typically 10 months after opening the estate.
Where in Montana
In Montana, probate fees are paid at the District Court in the county where your relative lived at death. These three counties handle the largest caseload.
- County seat
Yellowstone County
District Court - courthouse in Billings
- County seat
Missoula County
District Court - courthouse in Missoula
- County seat
Gallatin County
District Court - courthouse in Bozeman
Every Montana county has its own District Court clerk. Filing fees and processing time vary by county.
Other tasks in Montana
Related: Probate in Montana · Cost calculator · Probate timeline