Probate cost in Montana
In Montana, estates up to $100,000 can often skip full probate. For a $300,000 estate, the court fee is $70.
Montana's small estate limit is $100,000. Above it, the estate usually goes through probate.
- Court fee to open probate source$70
- Attorney fee sourceNo legal schedule: set by agreement or the courtset by agreement
- Executor fee sourceNo legal schedule: set by agreement or the courtset by agreement
Probate total$70+
The total leaves out the costs shown without a number.
- Quicken WillMaker & Trust Plus sourceOne-time price for one person$149
- Yearly feeoptional yearly renewal$40
- Moving a home into the trustSet by your county recordercounty recording fee
Trust total$149+
Assets left outside the trust can still need probate.
Probate cost by estate size
| Estate value | Court fee | Attorney (law) | Executor (law) | Total |
|---|---|---|---|---|
| $100,000 | $70 | not set by law | not set by law | $70+ |
| $250,000 | $70 | not set by law | not set by law | $70+ |
| $500,000 | $70 | not set by law | not set by law | $70+ |
| $1,000,000 | $70 | not set by law | not set by law | $70+ |
"Not set by law" means the fee is agreed with the lawyer or set by the court, so it is not in the total. Use your own numbers.
The rules in Montana
- Small estate limit: $100,000 (Affidavit for collection of personal property, MCA 72-3-1101). Does not cover real estate. Heirs wait 30 days after the death. Probate estate value less liens must not exceed $100,000 (MCA 2025). Personal property only. Not re-read in the v3 pass. Source
- Simplified probate: Summary administration for small estates (MCA 72-3-1103). Source
- Court fee: $70 for a $300,000 estate. District court clerk fee for an application for probate or appointment of a personal representative, includes filing the will (MCA 25-1-201(1)(m), MCA 2025). Not re-read in the v3 pass. Source
- Attorney fee: No legal schedule: set by agreement or the court. Former 72-3-633 (attorney fee limit tied to personal representative compensation) was repealed in 2019 (Ch. 313, L. 2019). No schedule found. Source
- Executor fee: No legal schedule: set by agreement or the court. MCA 2025 72-3-631: 'reasonable compensation for services'. The old percentage schedule was removed by Ch. 313, L. 2019. Source
Some Montana rules could not be checked on a current official page. Each rule links to the source we used. Confirm with the court or a lawyer before you rely on it.
General information from official state sources, not legal advice.