Montana · Estate & Probate
The Montana Probate Law Guide
Understand the Montana probate process, your options for small estates, the duties of a personal representative, and how to navigate the District Court system.
2026-2027 Edition · Cited to Montana law · Plain language
Paperback · $19.99
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Cited to the statute · Legal information, not legal advice
How Montana probate works, from first filing to closing
Informal and formal probate, the small estate affidavit, personal representative duties, creditor deadlines, and closing an estate in Montana.
ABOUT THIS BOOK
Someone has died, and the family has been told the estate may need to go through probate. Montana's process is more streamlined than many states', but it still has firm steps and deadlines.
The Montana Probate Law Guide explains estate administration under the Uniform Probate Code in Title 72 of the Montana Code Annotated. It covers how District Courts handle every probate case, how informal probate is handled by the Clerk of Court for most uncontested estates, and when formal probate before a judge is needed.
The guide explains:
• The small estate affidavit for personal property in estates of $100,000 or less
• How a personal representative is appointed and receives letters
• The duty to notify heirs and devisees within 30 days of appointment
• Publishing notice to creditors and the four-month claim period
• Closing the estate and transferring real estate with a deed of distribution
It also explains why Montana has no state estate or inheritance tax, when handwritten wills are valid, and what happens when there is no will.
Each chapter is written from two perspectives: the executor or administrator and the heir or beneficiary. A real-world questions chapter and a toolkit with checklists, comparison tables, a glossary, and sample documents round out the guide.
Legal information, not legal advice.
WHAT’S INSIDE
- The Uniform Probate Code: Montana’s Foundation
- The Core Statutory Framework: Three Paths for Estates
- Who and What Is Covered by Probate?
- Key People and Terms in Montana Probate
- Exceptions and Defenses in Probate
- Rights of Heirs and Beneficiaries
- Step-by-step procedures from each side, with deadlines at a glance
- 22 real-world questions and answers
- Statute index, key court decisions and official forms
- Toolkit: checklists, comparison tables, glossary and common mistakes to avoid
WHY READERS TRUST THIS GUIDE
Plain language. Cited to the statute. Dated so you know it is current.
Every rule is cited to Montana law so you can verify it.
Cited, so you can check it
Every rule names the section of Montana law it comes from, so you can read the source yourself.
Plain language, no filler
Written to be read start to finish by someone with no legal training, with worked examples.
Dated and updated
Each guide carries a law-current date and new editions ship when the law changes.
Bonus toolkit
Register your book for this topic’s checklists, worksheets and starter template, as soon as they are ready.
QUESTIONS BEFORE YOU BUY
Montana probate process: what to know before you order.
Straight answers about what the guide is, what it covers and how it reaches you.
What is the small estate limit in Montana?
The small estate affidavit can be used when the probate estate, less liens and encumbrances, is $100,000 or less. It covers personal property only, not real estate, and requires a 30-day wait.
What is the difference between informal and formal probate in Montana?
Informal probate is handled by the Clerk of Court without a hearing for uncontested estates. Formal probate is a proceeding before a District Court judge, used when disputes arise.
Is this legal advice?
No. It is legal information in plain language, cited to the law, so you understand your options and know what to ask. Reading it creates no attorney-client relationship.
Is it written for Montana?
Yes. This guide is written for Montana law and cites the Montana statutes and rules it relies on. If your case is in another state, choose that state's edition.
KEEP GOING
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PLEASE READ
Legal information, not legal advice. STACKED LEGAL® is a publisher, not a law firm. Buying or reading this book creates no attorney-client relationship and promises no outcome. Laws change; verify current law and talk to a licensed attorney in Montana about your situation.
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