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The Probate Bond Experts
Probate in Montana is handled by the District Court in each of the state's 56 counties. The District Court appoints the personal representative and oversees administration, and a clerk of court handles much of the informal work. Montana's Uniform Probate Code lets the personal representative settle most estates without formal court approval of each step.
Montana adopted the Uniform Probate Code, codified in Title 72 of the Montana Code Annotated. The estate fiduciary is called the personal representative, an executor when named in a will and an administrator when appointed without one. The bond rules sit in Sections 72-3-513 through 72-3-518.
Montana imposes no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.
When a Montana bond is required, the amount is set under MCA Section 72-3-515:
Montana follows the Uniform Probate Code, so a bond is the exception. Under MCA Section 72-3-513:
Filing a Montana probate bond, when one is required, follows Title 72 and District Court practice:
A bond is often not needed in Montana, so many estates pay no bond premium at all. When a bond is required by the will or a demand, the cost is a premium paid to the surety company:
Beyond the standard personal representative bond, Montana probate practice uses several additional bond types:
Montana does not run a licensing board for private professional fiduciaries, but its Uniform Probate Code places clear duties on every personal representative:
You can check pricing or apply online once you know the bond type ordered by the court. Applications must match the bond type and amount specified in your court order or legal documents.
APPLY NOWUsually not. Under the Montana Uniform Probate Code, no bond is required of a personal representative appointed in informal probate, which covers most estates. A bond is required when the will calls for one, on the appointment of a special administrator, or when an interested person demands one and the court concurs.
A bond is required when the will calls for one, on the appointment of a special administrator, when an interested person gives written notice demanding a bond and the court concurs, or when the court otherwise orders one to protect the estate.
When a bond is required, most Montana probate bonds cost about 0.5% to 1% of the bond amount per year for well-qualified applicants, so a $100,000 bond commonly runs $500 to $1,000 per year. Small bonds carry a minimum premium of about $100 to $150.
Under Section 72-3-515, if the will specifies an amount the bond is set in that amount. Otherwise it equals the personal representative's best estimate of the personal estate plus the income the estate, including real estate, will generate in the next year.
Most Montana probate bonds are issued within 24 hours of a completed application, and qualified applicants can often be approved the same day. We keep the process moving so you can meet any deadline a demand for bond or the court sets.
Yes. Credit is one factor but not the only one. We work with multiple surety companies and can often find an approved program for applicants with credit challenges, sometimes with a co-signer or collateral.
The District Court in the county where the decedent lived handles probate. Each of Montana's 56 counties has a District Court, and a clerk of court handles much of the informal probate work.
Montana uses personal representative for both. A person named in a will is an executor and one appointed without a will is an administrator, but the Montana Uniform Probate Code gives both the same title and the same authority.
No. Montana has no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.
When required, the bond is conditioned on the faithful discharge of the personal representative's duties and protects the heirs, devisees, and creditors of the estate. The surety consents to the court's jurisdiction, and the bond can be claimed against up to its penalty.
When a bond is required, it stays in force until the estate is closed and the court discharges the personal representative. For estates that stay open across more than one year, the premium is charged annually until that discharge.
Yes. Even where no bond was required at appointment, an interested person can demand one and the court may order one at any time when it finds a bond needed to protect the estate or interested persons.
No. A Montana personal representative must be at least 18 years of age but need not be a resident of the same county or of the state. An out-of-state personal representative may serve under the Montana Uniform Probate Code.
Often yes. A conservator appointed to manage the estate of a protected person is generally required to post a bond, and a guardian responsible for property may be required to as well, tied to the value of the property under management.
No. A probate bond is a surety bond, not insurance for the fiduciary. It protects the heirs, devisees, and creditors. If the surety pays a claim, the personal representative is legally obligated to repay the surety.
No. Montana allows collection of a small estate by affidavit for personal property at or under the statutory limit, available just a few days after death, so a bonded personal representative is generally not involved.
Informal probate is the common, low-supervision track handled largely through the clerk of court for uncontested estates. Formal probate is a court-supervised proceeding used when a will or an appointment is contested or the estate is complex.
You file the bond with the District Court in the county where the estate is opened, generally where the decedent was domiciled, and the court or clerk approves it before issuing Letters.
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Find Montana Probate Courts by County
Once you have your bond, or if you need court addresses, phone numbers, filing hours, and local forms, visit our Montana probate court directory. We list every county court in Montana with contact information and links to local forms.
Montana Probate Court Directory