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MORTL → State Guides → Montana
State Guide
What Montana law actually says about death, probate, cremation, advance directives, and estate taxes. No legal jargon. Just what you need to know.
Someone just died in Montana? The first 24 hours, step by step →
Guide Status
● Last reviewed August 2026
Laws change. Each section shows when it was last verified. Always confirm with a licensed Montana attorney for your specific situation.
This is general information, not legal advice. Montana law changes. Your situation is specific. For anything that matters, talk to a licensed Montana attorney. Our directory doesn't list attorneys, so you'll find one on your own.
The short answer
In Montana, estates under $100,000 can skip full probate through a simplified process or affidavit. Cremation requires a 24-hour wait. There's no Montana estate or inheritance tax. Every figure below names its source and the date it was checked.
Reviewed August 2026 · Montana
Someone just died in Montana: the first 24 hours →Verified providers in Montana →
Last verified: August 7, 2026
Source: Mont. Code Ann. § 50-15-403 and Admin. R. Mont. 37.8.801 (death certificate); Montana DPHHS Vital Records ↗At a Glance
File within 10 days · Restricted for 25 years · Then public
In Montana, the person in charge of the final disposition of the body, usually the funeral director, collects the personal data and moves the certificate through three steps. They have three working days from being notified of the death, or from getting the authorization to remove and transport the body, whichever comes first, to present the certificate to the physician, advanced practice registered nurse, or coroner for the cause of death. That certifier has 48 hours from receiving it to complete it and send it back. The person in charge of final disposition then files the completed certificate with the local registrar of the county where the death occurred within ten calendar days of the death, or of the date it was first discovered. (Mont. Code Ann. § 50-15-403; Admin. R. Mont. 37.8.801)
Ask each bank, insurer, court, agency, and property office whether it requires a certified copy. Order an initial quantity based on those actual needs, and confirm the current fee and process for ordering more.
Certified copies of death certificates can be ordered by eligible individuals, such as immediate family members, legal guardians, or those with a legal right to the record. You can order copies online through VitalChek or VRO, by phone via VitalChek, in person at any County Clerk & Recorder's office, or by mail to the Montana Vital Records office.
Order certified copies from Montana's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.
$16 per certified copy in Montana, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.
Last verified: August 9, 2026
Source: Montana Code Annotated Title 72, Chapter 3 ↗At a Glance
Small estate threshold vs. national average
Probate is generally required in Montana if a deceased person owned assets solely in their name that don't have a designated beneficiary. Montana law provides for both informal and formal probate proceedings. A small estate affidavit can collect personal property without formal probate if the probate estate, wherever located and less liens and encumbrances, doesn't exceed $100,000 and 30 days have passed since the death (Mont. Code Ann. § 72-3-1101). Montana also has a summary administration procedure at § 72-3-1103, but that one carries no dollar threshold: it applies when the whole estate is worth no more than the homestead allowance, exempt property, family allowance, administration costs, funeral expenses, and last-illness medical bills combined.
Probate can be a lengthy and costly process, often taking 6 months to a year or more. Consider strategies to avoid it.
Source: Mont. Code Ann. § 72-3-1101 (collection of personal property by affidavit) ↗Source: Mont. Code Ann. § 72-3-1103 (small estates, summary administration) ↗
If a Montana resident dies without a valid will (intestate), their assets are distributed according to Montana's intestate succession laws. These laws prioritize distribution to the closest surviving relatives.
Montana offers several ways to avoid probate, allowing assets to pass directly to beneficiaries. These include establishing a revocable living trust, designating beneficiaries on accounts (payable-on-death or transfer-on-death), holding property in joint tenancy with right of survivorship, or using a transfer-on-death deed for real estate.
A straightforward Montana probate typically runs 6 months to a year or more, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.
$100,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.
Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.
No will yet, or one that's out of date? How to write a will covers what belongs in one and the signing requirements, step by step. The rules on this page are what Montana law adds.
Yes. Montana authorizes the transfer on death deed under Mont. Code Ann. §§ 72-6-401 to 72-6-418 (Uniform Real Property Transfer on Death Act). Record it while you’re alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Montana replaced its older beneficiary-deed law with the uniform TOD deed act in 2019; the deed must be recorded before death and is revocable at any time.
Source: Mont. Code Ann. §§ 72-6-401 to 72-6-418 (Uniform Real Property Transfer on Death Act) ↗
Montana doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.
Who it covers. No coverage. No Montana statute requires bereavement leave from any employer.
How much. None required.
Paid or unpaid. Not applicable, no mandate.
Montana has no bereavement leave law and no sick leave law to borrow from, so time off after a death is entirely the employer's call. Two Montana rules still matter to a grieving employee. First, earned vacation counts as wages: the DLI FAQ says use it or lose it policies are not permitted and unused vacation is due at termination, so vacation days spent on a funeral aren't money given up. Second, Montana is the one state that limits at will firing after the probationary period, under the Wrongful Discharge From Employment Act in Title 39, chapter 2, so a discharge for taking time to bury a family member can be tested as a firing without good cause. State employees have no statutory funeral leave either. Nothing in Montana law covers pregnancy loss leave.
Yes. Montana enforces pet trusts under Mont. Code Ann. § 72-38-408, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when your animal dies, or when the last of them dies if you covered more than one, and Montana sets no year limit on it. Whoever you name in the trust enforces it, and if you name nobody a court appoints someone. Anyone who cares about your animal can also ask the court to appoint an enforcer or to remove one who isn't doing the job. A judge can cut the amount back if it holds more than your animal's care requires. Unless your trust says where the extra should go, it comes back to you if you're living, and otherwise to whoever inherits from you. Montana's statute covers any animal, so a horse or other livestock can go in the same trust as a dog. It only reaches animals alive during your lifetime, so name the caretaker, the person who enforces the trust, and a backup for each, and update the trust whenever you take in something new.
Last verified: July 17, 2026
Source: Mont. Code Ann. §§ 72-2-112 to 72-2-115 ↗If you die intestate (without a valid will) in Montana, Mont. Code Ann. §§ 72-2-112 to 72-2-115 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted doesn't matter. Only a signed will changes these defaults.
Montana uses the Uniform Probate Code dollar tiers ($300,000 / $225,000 / $150,000) but adds a next-of-kin catchall past descendants of grandparents, so escheat is rare.
What your spouse inherits depends on who else survives you. The four common family shapes:
The descendants take the entire estate by representation.
After descendants come parents, then descendants of parents, then grandparents or their descendants split half paternal and half maternal, then the relatives of the closest degree of kinship; with no taker the estate passes to the state of Montana (§ 72-2-115).
Last verified: August 7, 2026
Source: Montana Code Annotated Title 50, Chapter 9 ↗At a Glance
Living Will
Specifies end-of-life care wishes
Healthcare Proxy
Names a decision-maker for you
DNR / POLST
Do-not-resuscitate orders
In Montana, an advance directive, such as a Living Will, must be in writing, signed by the declarant, and witnessed by two individuals. Neither witness can be the declarant's attending physician, an employee of the attending physician, or an employee of the health care facility where the declarant is a patient. Also, a witness can't be a person who would inherit from the declarant's estate. Notarization isn't required.
Montana's Advance Health Care Directive allows you to combine a Living Will and a Durable Power of Attorney for Health Care into a single document.
A Durable Power of Attorney for Health Care (DPOAHC) in Montana allows you to appoint an agent to make healthcare decisions on your behalf if you become incapacitated. This document must be in writing, signed, and witnessed by two adults. The agent's authority typically begins when your physician determines you're unable to make your own healthcare decisions. It can be a standalone document or part of a combined Advance Health Care Directive.
Montana recognizes Provider Orders for Life-Sustaining Treatment (POLST) forms. A Montana POLST is a voluntary medical order for individuals with a serious illness, translating their wishes into actionable medical orders. It's completed by a healthcare professional and signed by the patient (or their legal decision-maker) and the healthcare professional. POLST forms cover specific medical treatments and are intended to complement, not replace, an advance directive. They're typically printed on distinctive 'terra green' paper.
Start with Montana Code Annotated Title 50, Chapter 9, linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.
Montana requires 2 adult witnesses; notarization isn’t required. Anyone 18 or older of sound mind can make one.
Last verified: August 7, 2026
Source: Montana Code Annotated Title 37, Chapter 19 ↗At a Glance
In Montana, there's a mandatory 24-hour waiting period after death before cremation can occur. A cremation authorization form must be completed and signed by the authorizing agent, typically the next of kin, specifying the disposition of the cremated remains. The funeral director must ensure proper identification of the deceased. The casket or cremation container must be cremated with the body.
Montana allows for green burial practices, which involve natural decomposition without embalming, in biodegradable shrouds or coffins. Several cemeteries in Montana offer green burial options. Human composting (natural organic reduction) and alkaline hydrolysis (water cremation) aren't explicitly addressed in Montana statutes, suggesting they may not be widely available or legally defined as alternatives to traditional burial or cremation.
Funeral homes and funeral directors in Montana are licensed and regulated by the Montana Board of Funeral Service. They're subject to the FTC Funeral Rule, which requires them to provide itemized price lists to consumers. Funeral arrangements, including preneed and at-need, can only be made in a licensed mortuary or branch establishment.
Montana sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.
Naming someone in advance. A notarized affidavit or written instrument in the statutory form set out at § 37-19-904(1), executed by a person 18 or older and of sound mind before a notary public, and it may attach specific disposition directions the designee must substantially comply with so long as they are lawful and the estate has the resources. Separately, § 37-19-903 recognizes "disposition directions": a legible written instrument signed by the person and two adult witnesses (which may be a letter of instructions, a will, a trust document, or advance directives), or a replayable video of the person describing their wishes with a written accuracy attestation by two adult witnesses. A prepaid funeral contract or disposition directions cannot be canceled or substantially revised except by the person the decedent named in them for that purpose.
When the same tier disagrees. § 37-19-907: where two or more people of the same relationship hold the right and cannot decide by majority vote, any of them or the mortician with custody may petition the district court for the county where the decedent resided, which awards the right to the person it finds most fit and appropriate. The court weighs six factors: reasonableness and practicality of the proposed arrangements; the degree of personal relationship with the decedent; the desires of those able and willing to pay; the convenience and needs of other family and friends; the decedent's own desires; and the degree to which the arrangements allow maximum participation.
Under § 37-19-906 a person forfeits the right if they are charged with deliberate or negligent homicide in the decedent's death (restored on dismissal or acquittal), if they fail to act within 2 days of being notified of the death or 3 days of the death itself, whichever comes first, if they were the decedent's spouse and a dissolution petition was pending at death, or if the district court finds they were estranged from the decedent. Paying for the funeral does not buy a stronger claim (§ 37-19-907(4)), and being the personal representative does not either (§ 37-19-907(5)). Part 9 of Title 37, chapter 19 runs nine sections, not eight: 37-19-901 short title, 902 purpose, 903 prepaid funeral arrangements and disposition directions, 904 priority of rights of disposition, 905 arrangements provided by survivors, 906 loss of right of disposition, 907 disputes, 908 right to rely, and 909 immunity, which protects a mortuary or mortician who relies in good faith on the instructions of an individual claiming the right of disposition from criminal liability, civil liability, and disciplinary action. Section 909 was enacted by the same 2009 act as the rest of the part (En. Sec. 9, Ch. 208, L. 2009). Section 904's own history line reads En. Sec. 4, Ch. 208, L. 2009; amd. Sec. 1, Ch. 158, L. 2011, so the priority list has not been amended since 2011. Source note: the Montana Legislature moved the online MCA from archive.legmt.gov to mca.legmt.gov, and the old path 301-redirects to the new one, so the record now stores the canonical mca.legmt.gov URL, which returns HTTP 200 with the section text directly.
Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.
1. When nobody can pay. Indigent funeral assistance, run as an optional county program. Under MCA 53-3-116, "A county may provide for the burial, entombment, or cremation of indigents," and MCA 7-4-2924 creates a state special revenue account "to aid counties in providing adequate burial, entombment, or cremation of an indigent person," which any county may draw on "regardless of whether the county currently provides an indigent assistance program." A family finds theirs by calling the county commissioners' office or county social services in the county where the person died and asking whether that county runs an indigent assistance program covering burial or cremation. The county (board of county commissioners / county indigent assistance program). The state special revenue account established by MCA 7-4-2924 is statutorily appropriated to the Montana Department of Administration, which may adopt rules to implement it.
What it pays. Not published. Neither statute sets a figure. MCA 53-3-116(2): "A county may establish the criteria for determining eligibility for assistance, including but not limited to residency requirements, limits on income and resources, and the amount, scope, and duration of assistance." The account in 7-4-2924 is funded by donations rather than an appropriation.
What disqualifies you. MCA 53-3-116(5): "A person is indigent for purposes of this subsection if the value of all income and resources available to pay for that person's burial, entombment, or cremation at the time of death is less than the negotiated amount due the funeral home or mortician for an indigent burial. Available income and resources may be determined by the county." The program is discretionary, so a county may run one, may run one with residency and income limits, or may run none at all.
2. If the death was caused by a crime. MCA 53-9-128(4): "Reasonable funeral and burial expenses of the victim, not exceeding $10,000, must be paid if all other collateral sources have properly paid expenses but have not covered all expenses." MCA 53-9-128(5): "Compensation payable to a victim and all of the victim's dependents in cases of the victim's death because of injuries suffered due to an act of criminally injurious conduct may not exceed $25,000 in the aggregate."
Montana crime victim compensation ↗
3. Money the person was already owed. Search Montana's unclaimed property before you borrow anything. Searching and claiming are free.
The county's payment is a negotiated contract price with the funeral home, and the statute protects that price: "A county may not deduct amounts that may be recovered from resources of a deceased indigent from a contract amount due a funeral home or mortician," and a funeral home that later recovers more than the contract amount must reimburse the county. The crime victim funeral cap is paid last, only after every other collateral source has paid. Montana's crime victim program is administered by the Montana Department of Justice Office of Victim Services, but dojmt.gov returned 403 (Cloudflare bot block) to every fetch, so the cap was read from the statute instead.
Last verified: August 7, 2026
Source: Montana Department of Revenue ↗At a Glance
Montana doesn't impose a state-level estate tax. Therefore, estates of Montana residents aren't subject to state estate taxes, regardless of their value. However, Montana residents may still be subject to the federal estate tax if their estate exceeds the federal exemption amount.
While Montana has no state estate tax, the federal estate tax applies to estates over $15 million per person (2026). The Working Families Tax Cuts Bill (Public Law 119-21) made the higher exemption permanent in 2025.
Montana doesn't have an inheritance tax. Beneficiaries inheriting property from a Montana resident won't pay a state-level tax on their inheritance. The Department of Revenue puts it plainly: Montana's inheritance tax was repealed in November 2000 and doesn't apply to any death after January 1, 2001. The same page says Montana has had no estate tax for deaths after 2004.
The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.
No. Montana has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.
No. Montana doesn’t tax inheritances. Heirs owe no state tax on what they receive.
$15 million per person, $30 million for a married couple, indexed for inflation. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.
Last verified: August 8, 2026
Source: Montana Code Annotated Title 72, Chapter 17 ↗At a Glance
In Montana, you can register to be an organ, eye, and tissue donor through several methods. The most common way is when applying for or renewing your driver's license or state ID card at the Department of Motor Vehicles (DMV). You can also register online through the official Montana donor registry.
A registered donor's decision is legally binding in Montana. Nobody else can make, amend, or revoke the gift after your death, and your family and health care providers may not refuse to honor it (Mont. Code Ann. § 72-17-201(13)). One exception: if the donor is an unemancipated minor, a parent who is reasonably available can revoke or amend the gift (Mont. Code Ann. § 72-17-201(17)). Organ procurement organizations still consult families in practice, so tell yours what you decided.
Need Help in Montana?
Wills, trusts, advance directives, and probate all benefit from a licensed professional. We've compiled a directory of funeral directors, grief counselors, hospice providers, and financial advisors. Sorted by state. Before a listing appears, we check the provider's phone and address against the provider's own website.
Find Help in Montana →From The MORTL Edit
Sources: Montana Department of Public Health and Human Services; Montana Code Annotated; Montana Department of Revenue; Donate Life Montana. Individual sections are updated and re-dated whenever a law changes, which is why the date at the top of the guide can be newer than this one. The whole guide also gets a front-to-back review on a schedule. Last front-to-back review: June 2026.
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