MCA 25-1-201(1)(m) · checked 2026-10-21
Probate court fees in Montana
Montana charges a flat $70 to open an estate, whatever its size (application for informal, formal or supervised probate or appointment of a personal representative $70).
- 1$100,000 estate $70
- 2Fee basis Flat fee
- 3Small-estate fee Not listed
- 4Schedule MCA 25-1-201
Fee to open an estate, by value
| Estate value | Fee | How it is worked out |
|---|---|---|
| $25,000 | $70 | Application for informal, formal or supervised probate or appointment of a personal representative $70 |
| $50,000 | $70 | Application for informal, formal or supervised probate or appointment of a personal representative $70 |
| $100,000 | $70 | Application for informal, formal or supervised probate or appointment of a personal representative $70 |
| $250,000 | $70 | Application for informal, formal or supervised probate or appointment of a personal representative $70 |
| $500,000 | $70 | Application for informal, formal or supervised probate or appointment of a personal representative $70 |
| $1,000,000 | $70 | Application for informal, formal or supervised probate or appointment of a personal representative $70 |
The fee is the same at every value, so a small estate pays as much as a large one to open full administration. At $100,000, 1 of the 18 fee schedules on this site charge less and 16 charge more.
Other charges in the schedule
| Item | Amount |
|---|---|
| Application for probate or appointment of a personal representative (includes filing the will) | $70 |
| Filing by a domiciliary foreign personal representative of a nonresident decedent | $55 |
Source: Montana Code Annotated § 25-1-201 (district court clerk fees), last checked 2026-10-21. Courts can add copy, certification and publication costs that are not in this schedule.
The small-estate route and its cost
Montana's simplified procedure is the affidavit for collection of personal property (Mont. Code Ann. § 72-3-1101), for estates within $100,000. It is not filed with the court, so there is no court filing fee for the affidavit itself. Check the Montana limit or see how long probate takes there.
What the court fee does not cover
The schedule above is only the court's own charge. Publishing notice to creditors in a newspaper, certified copies of letters, a fiduciary bond where the court requires one, appraisals and recording fees for real estate are billed separately by whoever provides them. Those notices also start Montana's creditor claim period of 4 months (Mont. Code Ann. § 72-3-801(1)), which usually decides how soon the estate can close. Most courts can waive or defer fees for a petitioner who cannot pay; the clerk's office has the request form.
Related: probate court fees compared · what probate is · all fee schedules.
Court fees only, read from the official schedule on 2026-10-21. Not legal advice; Probate Clock does not refer anyone to lawyers. Fee waivers are usually available to people who cannot pay — ask the court clerk.