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Living trust or probate

Montana

A funded revocable living trust lets the successor trustee handle assets titled to the trustee. Property left in your own name can still be a probate matter in Montana.

Small-estate figure$100,000

Only if the statute's conditions are met. Read the section below.

TaxNo current estate tax

See the tax section for the exemption or the repeal.

Living trust or probate

A revocable living trust holds assets you title in the trustee's name. You can serve as trustee while you are able.

At death, the successor trustee handles those assets. Property you leave in your own name can still go through the probate court. A pour-over will sends leftover assets into the trust, and those leftover assets may pass through probate first.

Fees

In Montana, probate compensation is reasonable compensation under the statute linked below.

Montana Code Annotated section 72-3-631 says a personal representative is entitled to reasonable compensation for services. If the will provides for compensation and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to compensation under that section. A written renunciation of fee may be filed with the court. Section 72-3-634 says that on a motion for settlement of fees the court must review and determine the reasonableness of compensation of any person employed by the personal representative, including any attorney, and the personal representative's own compensation.

Source: Montana Code Annotated section 72-3-631, Compensation of personal representative

Calculator

Probate cost

The result is the statutory schedule on this page applied to the amount you enter.

a figure you want to compare with the small-estate amount on this page

Small estate

Montana's small-estate figure on this page is $100,000 when the statute's conditions are met.

Section 72-3-1101 says that 30 days after death, a person indebted to the decedent or holding tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action shall pay or deliver it to a claiming successor on an affidavit. The affidavit must state that the value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000, except as provided in subsection (2); that 30 days have elapsed; that no application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction; and that the claiming successor is entitled to payment or delivery. Subsection (2) lets the department of revenue refund unclaimed property of $5,000 or less regardless of the value of the estate.

Source: Montana Code Annotated section 72-3-1101, Collection of personal property by affidavit

Estate or inheritance tax

Montana has no current estate tax on the page linked below.

The Montana Department of Revenue says Montana no longer collects estate or inheritance taxes. It says the inheritance tax was repealed in November 2000 and does not apply to any death after January 1, 2001, and that Montana does not have an estate tax for deaths after 2004.

Source: Montana Department of Revenue, Montana Estate and Inheritance Tax

Questions

The answers use the same statute and court pages as the sections above.

Does a living trust avoid probate in Montana?

A revocable living trust holds the assets you title in the trustee's name. The successor trustee handles those assets. Property still titled in your own name can be a probate matter. A pour-over will can send leftover assets into the trust, and those leftover assets may still pass through probate first.

What is the small-estate procedure in Montana?

Section 72-3-1101 says that 30 days after death, a person indebted to the decedent or holding tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action shall pay or deliver it to a claiming successor on an affidavit. The affidavit must state that the value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000, except as provided in subsection (2); that 30 days have elapsed; that no application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction; and that the claiming successor is entitled to payment or delivery. Subsection (2) lets the department of revenue refund unclaimed property of $5,000 or less regardless of the value of the estate.

How are probate fees set in Montana?

Montana Code Annotated section 72-3-631 says a personal representative is entitled to reasonable compensation for services. If the will provides for compensation and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to compensation under that section. A written renunciation of fee may be filed with the court. Section 72-3-634 says that on a motion for settlement of fees the court must review and determine the reasonableness of compensation of any person employed by the personal representative, including any attorney, and the personal representative's own compensation.

Does Montana tax an estate or an inheritance?

The Montana Department of Revenue says Montana no longer collects estate or inheritance taxes. It says the inheritance tax was repealed in November 2000 and does not apply to any death after January 1, 2001, and that Montana does not have an estate tax for deaths after 2004.

Sources

These are the statute and court pages used above.

TaxFreeTrusts

TaxFreeTrusts writes the guides on this site and drafts the will and living trust packets at the prices posted on the page. Dollar figures in the guides are copied from the statute, IRS page, or court site linked beside them.