Montana

At a Glance

Filing and timeline for death certificates in Montana.

In Montana, a death certificate must be completed and filed before the body can be buried or cremated. The funeral director or person in charge of the disposition of the body is typically responsible for filing the death certificate with the local registrar or the state vital records office. The certificate must be filed within three days after death and before final disposition or removal of the body from the state. The attending physician or medical examiner must certify the cause of death within 48 hours after death.

Who can order copies and where to obtain them.

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.

• –Montana Vital Records - DPHHS: https://dphhs.mt.gov/vitalrecords/
• –Cost: approximately $16 per certified copy (state office fee)
• –Online ordering available through VitalChek, the state's contracted vendor
• –Mail-in application: https://dphhs.mt.gov/assets/Statistics/VitalStats/DeathCertificateApplication.pdf

How do I get a death certificate in Montana?

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. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Montana?

$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.

At a Glance

When probate is required in Montana.

Probate is generally required in Montana if a deceased person owned assets solely in their name that do not have a designated beneficiary. Montana law provides for both informal and formal probate proceedings. A small estate affidavit can be used to avoid formal probate if the value of the estate (excluding certain exempt property) is $50,000 or less. If the estate value is between $50,000 and $100,000, a simplified summary administration may be available.

If you die without a will in Montana.

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.

• –Surviving spouse and no descendants or parents: Spouse inherits entire estate.
• –Surviving spouse and descendants (all of whom are also descendants of the spouse): Spouse inherits entire estate.
• –Surviving spouse and descendants (some of whom are not descendants of the spouse): Spouse inherits the first $100,000 plus half of the remaining estate, and descendants inherit the rest.
• –No surviving spouse or descendants: Estate passes to parents, then siblings, then other relatives. If no relatives, the estate escheats to the state.

Avoiding probate in Montana.

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.

How long does probate take in Montana?

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.

What is the small-estate limit in Montana?

$50,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Montana?

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.

Does Montana allow transfer-on-death deeds?

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 are 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) ↗

Die without a will in Montana and this law picks your heirs.

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 does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): the entire estate.
• –Spouse + parents (no descendants): the first $300,000 plus three-fourths of the balance; parents take the rest.
• –Spouse + joint descendants: the entire estate, as long as the spouse has no children from another relationship.
• –Spouse + blended family: the first $225,000 plus one-half of the balance if the spouse has outside descendants; the first $150,000 plus one-half if the decedent does.
• –Source: Mont. Code Ann. §§ 72-2-112, 72-2-113

Children's shares.

The descendants take the entire estate by representation.

No spouse, no children: the line of succession.

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).

At a Glance

What Montana requires for advance directives.

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. Additionally, a witness cannot be a person who would inherit from the declarant's estate. Notarization is not required but can add an extra layer of legal formality.

Healthcare power of attorney in Montana.

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 are unable to make your own healthcare decisions. It can be a standalone document or part of a combined Advance Health Care Directive.

POLST / MOLST forms in Montana.

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 is 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 are typically printed on distinctive 'terra green' paper.

Where do I get Montana's advance directive form?

The controlling law is Montana Code Annotated Title 50, Chapter 9, linked as this section's source. Most people use the free statutory form: Montana's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Montana require a notary or witnesses for an advance directive?

Montana requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation rules in Montana.

In Montana, there is 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.

Green burial and alternatives in Montana.

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) are not explicitly addressed in Montana statutes, suggesting they may not be widely available or legally defined as alternatives to traditional burial or cremation.

• –Green burial: Permitted and available in some Montana cemeteries.
• –Human composting: Not explicitly addressed in current Montana law.
• –Alkaline hydrolysis: Not explicitly addressed in current Montana law.
• –Home burial: Generally permitted on private land, subject to local zoning and health regulations, and proper filing of a death certificate.

Funeral home regulations in Montana.

Funeral homes and funeral directors in Montana are licensed and regulated by the Montana Board of Funeral Service. They are 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.

At a Glance

Montana does not have a state estate tax.

Montana does not impose a state-level estate tax. Therefore, estates of Montana residents are not 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.

Montana does not have an inheritance tax.

Montana does not have an inheritance tax. This means that beneficiaries inheriting property from a Montana resident will not pay a state-level tax on their inheritance. Montana repealed its inheritance tax in 2005.

Federal estate tax.

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 One Big Beautiful Bill Act (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.

Does Montana have an estate tax?

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.

Does Montana have an inheritance tax?

No. Montana does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Registering as a donor in Montana.

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.

• –Montana Donor Registry: https://www.donatelifemt.org/
• –Register at the Montana Department of Motor Vehicles (DMV) when obtaining or renewing your driver's license or state ID.
• –Indicate your wishes in your advance directive, though official registration is recommended for legal binding.

Your family cannot override your decision.

In Montana, as in all states, a registered organ donor decision is legally binding. Your family cannot override it. However, in practice, organ procurement organizations often consult families. Make your wishes known to your family to avoid conflict.