Montana Executor & Trustee Checklist
You've been named executor or trustee in Montana — and probably handed no instructions. This is the ordered list of what to do, in the sequence Montana expects it, with the deadlines and terminology that are specific to this state. Work down it, check things off, and nothing important slips.
- Who administers the estate
- Personal Representative (UPC state — no executor/administrator distinction)
- Court
- District Court (no separate probate court)
- Appointment document
- Letters Testamentary or Letters of Administration
- Creditor claim window
- 4 months after first publication (3-year outer bar from death if no notice)
- Inventory deadline
- Within 9 months after appointment
- Trustee notice deadline
- 60 days
- State death tax
- No state estate tax and no inheritance tax
If you're the Executor / Personal Representative
The probate track — administering the estate through the District Court (no separate probate court).
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This is the document that proves you have authority to act as Personal Representative (UPC state — no executor/administrator distinction).
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Publish once a week for 3 successive weeks (MCA 72-3-801). Known/reasonably ascertainable creditors get actual written notice with the later of 4 months from publication or 30 days from mailing.
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Within 9 months after appointment (MCA 72-3-607); not filed with the court by default — mailed to interested persons who request it. Waivable in writing.
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30 days — within 30 days after appointment the PR gives written notice to heirs and devisees (MCA 72-3-603).
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Get an EIN for the estate from the IRS (free at irs.gov, ~10 minutes) — the estate is its own taxpayer and you'll need it before a bank will open an account.
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Open a dedicated estate bank account — every dollar in or out flows through it; commingling estate money with your own is the fastest way to get into trouble.
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Keep receipts and records of every transaction and decision — not just what you did, but why; your final accounting is built from this and it's your protection if a choice is ever questioned.
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Pay valid claims and taxes before distributing anything, in the statutory order — paying family first can leave you personally liable. No state estate tax and no inheritance tax.
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Collect a signed receipt or release from every beneficiary when you distribute.
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Sworn closing statement of the PR (MCA 72-3-1004) — the standard informal close; can't be filed until the 4-month creditor period has run and property is distributed. Formal closing by court order also available.
Celestial Divide keeps the inventory, valuations, creditor claims, and beneficiary distributions organized in one place — so nothing on this checklist slips through the cracks.
14 days, no credit card
If you're the Trustee
The trust track — administering a trust outside of probate.
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Locate and read the entire trust document, including any amendments and restatements — your powers, limits, and timelines live there.
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60 days — Montana UTC (MCA 72-38-813): notify qualified beneficiaries within 60 days of acquiring knowledge a trust became irrevocable (including at settlor's death).
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Publish once a week for 3 successive weeks (MCA 72-3-801). Known/reasonably ascertainable creditors get actual written notice with the later of 4 months from publication or 30 days from mailing.
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Get an EIN for the trust from the IRS — the trust becomes irrevocable at death and files its own returns from that point.
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Retitle and gather the trust assets; hunt down anything never moved into the trust — it may need probate.
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Keep trust assets separate from your own, always — separate accounts, separate records, no exceptions.
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Document every decision, valuation, and distribution as you go.
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Account to the beneficiaries at least annually and at termination.
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Distribute according to the terms of the trust and collect signed receipts and releases.
Good to know in Montana
Small-estate collection by affidavit and summary administration (MCA Title 72, Ch. 3, Part 11); closing by sworn statement (72-3-1104).
Sworn closing statement of the PR (MCA 72-3-1004) — the standard informal close; can't be filed until the 4-month creditor period has run and property is distributed. Formal closing by court order also available.
No estate or inheritance tax. Fully UPC — informal probate through the clerk is fast/inexpensive and most estates close by sworn statement. Inventory generally not filed publicly unless requested.
Sources — investigate further
The steps above are drawn from Montana's own statutes and courts. To dig deeper:
We'll email you a copy so it's always one click away. No spam — just the checklist and the occasional estate-settlement tip.
Celestial Divide keeps the inventory, valuations, creditor claims, and beneficiary distributions organized in one place — so nothing on this checklist slips through the cracks.
14 days, no credit card
General information, not legal advice. Laws change and county practice varies. When in doubt, talk to a probate attorney licensed in the relevant state.