States / Montana
After a death in Montana
Where to look for a will, who to ask and where to search for money in Montana.
The will
Which court handles probate
The district court in the county handles probate and estates.
"'Court' means the district court in this state having jurisdiction in matters relating to the affairs of decedents."
What to do with the original will
After the death, anyone holding the will must deliver it with reasonable promptness, when an interested person asks, to a person able to probate it or, if none is known, to an appropriate court. No fixed day count is stated. Willful failure makes the holder liable for damages.
"After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall"
Mont. Code Ann. § 72-2-536. Read the source.
Wills deposited during life
A living person (or their agent) may deposit a will with any court for safekeeping under that court's rules. It is sealed and confidential; after the death the court notifies the person the testator designated and delivers the will on request.
"A will may be deposited by the testator or the testator's agent with any court for safekeeping, under rules of the court."
Mont. Code Ann. § 72-2-535. Read the source.
Opening a safe deposit box
We couldn't check this rule at an official source, so we won't guess. Ask the probate court clerk in the county where they lived.
Unclaimed money
Montana Department of Revenue
"You can make a claim through the TransAction Portal for free."
Instructions for heirs and estates
Source, checked 2026-10-15.
Small estates
A small estate may be able to skip full probate. What counts differs, so check with the court before you rely on a limit.
Personal property collection by affidavit
Limit $100,000. Wait 30 days.
MCA §72-3-1101. Read the rule.
Death certificates
undefined
First copy $16.00, more copies in the same order $16.00 each. Anyone submitting a completed application, proving identity and stating a reason may obtain a certified copy. Pending autopsy or investigation records omit the cause of death.
Order from the state. Online vendors add fees.
State will and court rules checked 2026-11-06. See how we check facts or report a mistake. This is general information, not legal advice.