A house or land without probate in Montana

An owner can sign a transfer on death deed naming a beneficiary for real estate. It must have the formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded with the county clerk and recorder where the property is before the owner dies.

Checked against official sources: October 30, 2026.

Transfer-on-death (TOD) and payable-on-death (POD) in Montana

Real estate (TOD deed)

Yes · Transfer on death deed

An owner can sign a transfer on death deed naming a beneficiary for real estate. It must have the formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded with the county clerk and recorder where the property is before the owner dies. The beneficiary can be liable for allowed creditor claims and family allowances if the probate estate is not enough.

Law: MCA 72-6-401 to 72-6-418 (esp. 72-6-408, 72-6-414)

Source: Official page

Does real estate count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Real estate in Montana
Counts

Real estate in the person's name is part of the probate estate and counts, minus mortgages, even though the affidavit cannot be used to collect it. Real estate with a recorded transfer on death deed passes outside probate.

Law: MCA 72-3-1101(1)(a), 72-6-408

Main home (primary residence)
Counts

The person's home counts like other real estate in their name, minus the mortgage.

Law: MCA 72-3-1101(1)(a)

Surviving spouse in Montana

Montana follows the Uniform Probate Code: a surviving spouse is entitled to a homestead allowance, exempt property and a family allowance, which come ahead of most creditors. If a personal representative is appointed and the estate is no more than these allowances plus funeral, administration and last-illness costs, it can be distributed right away under the summary procedure. The spouse inherits everything with no will if all the person's descendants are also the spouse's.

Law: MCA 72-3-1103; MCA 72-2-112

Who inherits with no will in Montana

If there is no will, the surviving spouse gets everything if the person left no descendants or parents, or if all the person's descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse gets a set amount plus a share of the rest: $300,000 plus three-fourths if no descendant but a parent survives; $225,000 plus one-half if the spouse has other descendants; $150,000 plus one-half if the person has descendants who are not the spouse's. The rest goes to descendants, then parents, then brothers and sisters and their descendants, then grandparents' families.

Law: MCA 72-2-112, 72-2-113

Source: Official page

Related pages

Free help in Montana

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.