Topic guideUpdated 2026-02-27
Montana Probate Creditor Claims & Deadlines
How creditor claims work in Montana probate — the notice process, the six-month window, payment priority, and what happens with disputed claims.
The notice process
1
Publish notice to creditors
The personal representative publishes a notice in a newspaper of general circulation in the county where the estate is being administered §72-3-801. This starts the claims clock.
2
Send direct notice to known creditors
In addition to published notice, the personal representative should send written notice to any creditors they are aware of — mortgage lenders, credit card companies, medical providers, etc. Known creditors who receive direct notice have the personal representative may give direct written notice by mail to known creditors; claims must be filed within the nonclaim period.
3
Wait for the claims window to close
The Nonclaim period is for claims arising before death: the statutory notice period running from publication of notice to creditors (or from written notice, for creditors given it), or 1 year after the decedent's death — whichever is earlier; confirm the exact notice periods with a lawyer §72-3-803; §72-3-801. Claims filed after this deadline are permanently barred.
4
Review and resolve each claim
The personal representative evaluates each claim for validity, amount, and timeliness. Claims can be accepted, negotiated, or formally disputed.
Payment priority under Montana law §72-3-807
When the estate has enough assets to pay all debts, priority is straightforward. When it does not, statute establishes the order:
| Priority | Category | |
|---|---|---|
| First | Administration expenses, funeral costs, and taxes §72-3-807 | |
| Second | Secured claims and statutory preferences §72-3-807 | |
| Third | General unsecured claims §72-3-807 |
- Costs and expenses of administration
- Reasonable funeral expenses and reasonable and necessary medical and hospital expenses of the last illness
- Federal estate and Montana state estate taxes
- Current and past-due child support owed under a support order
- Debts with preference under federal and Montana law
- Other federal and Montana state taxes
- All other claims (no claim may be preferred over another claim of the same class)
⚠Distributing assets to beneficiaries without paying or reserving funds for valid claims can create personal liability for the personal representative §72-3-712. When in doubt, retain funds until the claims period closes.
Common complications
- Late claims filed after the nonclaim window (barred, but exceptions exist)
- Disputed claims that require court hearings to resolve
- Estates where debts exceed assets (insolvent estates require strict priority payment)
- Claims from parties who were not given adequate notice
- Medical debts or long-term care costs that continue to arrive after death
Prepare for Your Consultation
Quick checklist (Probate)
You can start the intake without all of these.
Death certificate
(copy)
Will or trust docs
(if any)
Basic asset list
(accounts / property)
General preparation tips only. Requirements vary by case and county.
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Common Questions
Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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Related guides
Legal authoritiesStatutes referenced on this page
MCA § 72-3-803; 72-3-801
Nonclaim statute — creditor claims deadline
All claims against the estate must be presented within the nonclaim period or they are forever barred.
- Nonclaim period: for claims arising before death: the statutory notice period running from publication of notice to creditors (or from written notice, for creditors given it), or 1 year after the decedent's death — whichever is earlier; confirm the exact notice periods with a lawyer
- Known creditors: the personal representative may give direct written notice by mail to known creditors; claims must be filed within the nonclaim period
- Claims not timely filed are permanently barred
MCA § 72-3-801
Notice to creditors
The personal representative must publish notice to estate creditors.
Verified 2026-09-24 · quarterly review
MCA § 72-3-807
Payment priority order
When assets are insufficient to pay all debts, statute establishes the order in which claims are paid.
Verified 2026-09-28 · quarterly review
MCA § 72-3-712
Personal representative liability
Distributing assets before all valid claims are resolved can create personal liability for the representative.
Read with MCA § 72-3-803: MCA § 72-3-801 ↗
Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →