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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).

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  1. 1$100,000 estate $70
  2. 2Fee basis Flat fee
  3. 3Small-estate fee Not listed
  4. 4Schedule MCA 25-1-201
$25,000 estate$70$50,000 estate$70$100,000 estate$70$250,000 estate$70$500,000 estate$70$1,000,000 estate$70
Montana: fee to open a full administration at six example estate values, from MCA 25-1-201(1)(m). Bars to scale from zero.

Fee to open an estate, by value

Estate valueFeeHow it is worked out
$25,000$70Application for informal, formal or supervised probate or appointment of a personal representative $70
$50,000$70Application for informal, formal or supervised probate or appointment of a personal representative $70
$100,000$70Application for informal, formal or supervised probate or appointment of a personal representative $70
$250,000$70Application for informal, formal or supervised probate or appointment of a personal representative $70
$500,000$70Application for informal, formal or supervised probate or appointment of a personal representative $70
$1,000,000$70Application 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

ItemAmount
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.

Oregon$591North Carolina$506New York$420Florida$395Massachusetts$390Washington$250Iowa$200Maryland$200Wisconsin$200Michigan$150Arizona$149Oklahoma$135Hawaii$100South Carolina$95South Dakota$75Nevada$72Montana$70Virginia$25
Fee to open a full administration for a $100,000 estate in each state with a fetched fee schedule. Bars to scale from zero.

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.