Order
When life feels overwhelming
Order
When life feels overwhelming
Montana probate runs through District Court, and the elective share for surviving spouses scales based on the length of the marriage, similar to Colorado. A small estate affidavit is available for estates under $50,000. Montana has no state estate tax.
Content updated: October 2026
State-specific rules that affect how an estate is handled here.
Montana's elective share for surviving spouses scales based on the length of the marriage. Shorter marriages entitle the spouse to a smaller share; after 15 years, the share reaches 50% of the augmented estate.
Montana probate runs through District Court in the county where the deceased lived. A small estate affidavit is available for estates under $50,000.
Montana does not have its own estate tax. Only the federal estate tax may apply, and only for very large estates.
Montana has its own income tax. A final state return must be filed. If the deceased was a state employee, MPERA survivor benefits may be available. Note: Montana taxes Social Security income similarly to the federal government — a surviving spouse receiving SSA survivor benefits will likely owe state income tax on a portion of those payments.
These are just a few of the Montana-specific tasks Order surfaces automatically when you select your state.
Small estate affidavit for personal property under $50,000 — any real property requires formal District Court probate. Land in multiple Montana counties may each require a separate proceeding.
Montana's elective share scales with the length of the marriage — from a small percentage for shorter marriages up to 50% of the augmented estate after 15 or more years. Calculated against non-probate assets too.
If deceased was a state or local government employee, MPERA survivor benefits may be available — but only if the member elected a survivor benefit at retirement.
Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.
Deeper reading
Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in Montana.
Military families in Montana
Montana-specific
These tasks appear automatically in your checklist when you select Montana as your state.
File in District Court.
Surviving spouse entitled to augmented estate share based on length of marriage
Submit title transfer to Motor Vehicle Division
