Key Takeaways
- The $100,000 affidavit cannot pass a house: Montana's collection affidavit reaches personal property and instruments only.
- A transfer on death deed skips probate: It works only if the owner recorded it before death.
- Informal probate runs through the clerk: The clerk appoints a personal representative who has the power to sell.
- No Montana estate or inheritance tax: The federal basis generally steps up to the value at death.
- An empty house carries the 1.90% rate in 2026: A house nobody lives in as a principal residence misses the lower homestead tiers.
- There is no rush to decide: The closing follows the court step, and the house can be sold as-is.
Selling an inherited house in Montana starts with one question: who has the legal right to sign the deed? The answer depends on how your parent or relative held title and whether they left a will. Montana follows the Uniform Probate Code, found in Title 72 of the Montana Code, and many estates never need a hearing.
This guide covers the paths that clear title, the taxes, and what a house costs while it sits through a winter. For a wider look, see our guide to selling an inherited house. None of it has to be settled this week.
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Let's chatWho Can Sell an Inherited House in Montana?
The person who can sell is whoever the county land records or the district court say holds title after the death. That may be a transfer on death beneficiary, a personal representative, or the heirs themselves after the estate hands the house over.
A title company needs a recorded link from the owner who died to the person signing. The district court has exclusive jurisdiction over probate, and the first case normally opens in the county where the person lived (Mont. Code Ann. § 72-3-112).
When there is no will
With no will, Montana's intestate succession rules decide who inherits. A surviving spouse takes the entire estate when all of the children are also that spouse's children and the spouse has no other children (Mont. Code Ann. § 72-2-112). Blended families split it differently.
With no spouse, the estate goes to the children, with a grandchild taking a parent's share (§ 72-2-113). Next come the parents, then brothers and sisters. Every heir on title signs any sale.
Five Paths to Clear Title in Montana
Montana has five common paths to clear title after a death, and four of them can pass a house.
| Path | What It Covers | Typical Time | Can It Pass a House? |
|---|---|---|---|
| Affidavit (§ 72-3-1101) | Tangible personal property and instruments, such as bank accounts and stock, when the probate estate less liens is $100,000 or less | Available 30 days after death, with no court case | No |
| Transfer on death deed (§§ 72-6-401 to 72-6-418) | The house named in a deed the owner recorded before death | No court step; the beneficiary records an affidavit of death | Yes, to the named beneficiary |
| Informal probate (§ 72-3-201) | The whole estate, through a personal representative appointed by the clerk | No hearing; the creditor period runs 4 months from first publication | Yes, the representative can sell |
| Formal probate (§ 72-3-301) | The whole estate, with a judge's order after notice and a hearing | Longer, and it depends on the court's calendar | Yes, subject to any limits in the court's orders |
| Summary administration (§§ 72-3-1103, 72-3-1104) | An estate worth no more than the family allowances, funeral, last-illness, and administration costs | Distribution without creditor notice, then a sworn closing statement | Yes, through the appointed representative |
Why the $100,000 affidavit stops short of the house
Thirty days after a death, a successor can use a sworn affidavit when the probate estate, less liens, is $100,000 or less (Mont. Code Ann. § 72-3-1101). The 2023 Legislature last amended it.
The statute covers "tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action." Real estate is not on that list. The affidavit cannot put a house in anyone's name at any value.
Transfer on Death Deeds: What the Beneficiary Records
A transfer on death deed passes the house to the named beneficiary without probate, if the owner recorded it while alive. Montana adopted the Uniform Real Property Transfer on Death Act in 2019 (Mont. Code Ann. §§ 72-6-401 to 72-6-418).
The recording rule
The deed must be "recorded before the transferor's death" with the clerk and recorder in the county where the house sits (§ 72-6-408). A signed deed found in a drawer does nothing. A beneficiary deed recorded under the old law before October 1, 2019 counts as a transfer on death deed (§ 72-6-417).
At death, the house passes without any warranty of title, and two or more beneficiaries take equal, undivided shares (§ 72-6-412).
What the beneficiary records after the death
- An affidavit of death, signed before a notary.
- A certified copy of the death certificate.
- A Realty Transfer Certificate, the Department of Revenue form filed with any deed.
Recording the affidavit with the clerk and recorder completes the transfer (Montana State University Extension, MontGuide MT202010HR, revised November 2022). The beneficiary can then sign a deed to a buyer.
Creditors, Medicaid, and the insurance window
A beneficiary is liable for allowed claims against the probate estate to the extent the law provides (§ 72-6-414). The same MontGuide notes that Montana Medicaid estate recovery can reach a house passed by transfer on death deed.
The owner's house insurance extends to the beneficiary for a short time. Coverage ends at the earliest of 45 days after death, the policy's expiration, or a replacement policy (§ 72-6-412). Arrange your own coverage early.
How Does Montana Probate Work When There Is a House?
Montana probate often starts with an informal application to the clerk of the district court, who can appoint a personal representative without a hearing. That representative then has legal power to sell the house.
Informal probate and letters
Applications for informal probate or appointment "must be directed to the clerk" and verified by the applicant (Mont. Code Ann. § 72-3-201). The representative then receives letters, the document a title company asks to see.
The four-month creditor period
The representative publishes a notice to creditors once a week for 3 successive weeks in a county newspaper. Creditors then have 4 months from the first publication to present claims, or they are "forever barred" (Mont. Code Ann. § 72-3-801).
The power to sell
Montana gives a personal representative the power to "sell, mortgage, or lease any real or personal property of the estate" (Mont. Code Ann. § 72-3-613). A will or a court order can restrict that power. Without a restriction, the representative can sign a deed during the creditor period, so a sale does not have to wait for the estate to close.
Formal and supervised probate
Formal probate asks a judge for an order after notice and a hearing (§ 72-3-301). Families use it for a disputed will or unknown heirs. In supervised administration, the court stays involved through closing and can issue orders along the way (§ 72-3-402).
Summary administration for small estates
Summary administration applies when the estate, less liens, is worth no more than the family allowances plus funeral, last-illness, and administration costs (Mont. Code Ann. § 72-3-1103). The representative can distribute without notice to creditors, then close with a sworn statement (§ 72-3-1104). The homestead allowance alone is $22,500 for a surviving spouse (§ 72-2-412).
Probate or appointment generally has to begin within 3 years of the death (§ 72-3-122). If that date has passed, ask a Montana probate attorney.
Seller Disclosure: Court-Ordered Sale or Heir's Sale
A sale ordered by a probate court is exempt from Montana's seller disclosure law, but an heir who takes title and then sells is not. The exemption covers transfers under a court order, "including but not limited to a transfer ordered by a probate court during the administration of a decedent's estate" (Mont. Code Ann. § 70-20-503).
Informal probate usually has no sale order, so ask the estate's attorney whether that sale qualifies. A beneficiary under a transfer on death deed, or an heir who received a deed from the estate, sells as an ordinary owner.
The standard is actual knowledge, and the seller has no duty to investigate (§ 70-20-502). An heir who never lived in the house discloses what they know. A buyer can also waive it in the contract. Our guide to Montana seller disclosure requirements covers the 3-day rule and the form.
Do Heirs Owe Tax on an Inherited Montana House?
Montana has no estate tax and no inheritance tax, so the state does not tax you for inheriting a house. There is no estate tax for deaths after 2004, and no inheritance tax on transfers since January 1, 2001 (Montana Department of Revenue, September 2026).
The federal step-up in basis
For federal income tax, an heir's basis is generally "the fair market value (FMV) of the property on the date of the decedent's death" (IRS, September 2026). A tax professional can confirm your numbers.
The 2026 property tax rates
Montana multiplies a house's market value by a tax rate to get its taxable value, then applies local mill levies. For 2026, a primary residence enrolled for the homestead rate starts at 0.76% on value up to the $378,000 median. A non-principal residence carries a flat 1.90% (Montana Department of Revenue, September 2026).
An inherited house that nobody lives in generally falls under that 1.90% rate. The Department says an approved homestead rate stays in effect through the end of the calendar year, even if ownership changes. After that, the new owner must enroll.
If an heir moves in
The homestead rate requires living in the house as a principal residence for at least 7 months a year. Enrollment for 2026 closed March 20, 2026. Enrollment for 2027 is open now and closes March 1, 2027 (Montana Department of Revenue homestead FAQ, September 2026).
Our look at the 2026 property tax change for second houses covers the same rates.
Wells, Septic, and Water Rights on Rural Land
On a rural inherited house, the well's water right transfers with the deed only if the paperwork says so, and the new owner updates the state's records. Montana's Realty Transfer Certificate must include a water rights disclosure stating whether any water rights go with the land (Mont. Code Ann. § 85-2-424).
The Department of Natural Resources and Conservation says a water right "must be expressly addressed in a deed or other recorded document of conveyance" (Montana DNRC, September 2026). The new owner files Form 608, the Water Right Ownership Update, with the recorded deeds attached. DNRC charges no fee to remove a deceased co-owner when the survivor is already listed.
Wells and septic systems also appear on the disclosure statement. A buyer who takes the house as-is does not ask the family to repair either one first.
Carrying a Montana House Through Winter From Away
An empty Montana house keeps costing money through the winter, and an out-of-state heir pays those bills from a distance. The table below is illustrative and lists costs, not amounts.
| Carrying Cost (illustrative) | Why It Runs in a Montana Winter | What Sets the Amount |
|---|---|---|
| Property taxes at the non-principal rate | Half is due November 30 and half May 31, even if the house is empty | Market value, the 1.90% rate, and local mills |
| Insurance | Many homeowner policies limit coverage once a house sits vacant | The insurer and the policy's vacancy terms |
| Heat | The furnace has to run all winter to keep pipes from freezing | Fuel type (propane, heating oil, or utility gas) and the house's condition |
| Snow removal | Driveways, walks, and sometimes roofs need clearing after storms | Snowfall, lot size, and local rules |
| Well and septic checks | Pressure tanks, lines, and pumps need someone watching in hard cold | Distance from town and who can check the house |
Montana property taxes are due in two halves, on November 30 and May 31 (Mont. Code Ann. § 15-16-102). A missed half draws interest of 5/6 of 1% a month plus a 2% penalty. If taxes stay unpaid, our Montana property tax lien guide explains the lien and redemption window.
The contents often weigh more than the bills. Sorting a parent's house from another state can take several trips.
Listing or a Cash Offer for an Inherited Montana House?
Listing often suits an updated house, while a direct cash sale can fit a house that needs work, sits far away, or is still full of belongings.
Zillow's typical value for Montana housing was $471,746 in August, up 2.0% from a year earlier (Zillow ZHVI, August 2026).
Separately, Billings had a median sale price of $389,642 over the three months ending in August, up 0.5% from a year earlier (Redfin, August 2026). Houses there sold after a median 61 days, compared with 63 a year before.
Listing with an agent
A listing can bring the most money for a clean, updated house. The estate pays for the cleanout, repairs, and the commission. If listing is the better move, Propcash will say so and point you to a local agent who fits. We may receive compensation from agents we refer.
A cash offer on the house as it stands
Propcash is a direct cash homebuyer that buys houses as a principal. We make one transparent, data-backed offer and show how we got to the number. No repairs, no showings, no cleanout. Take what you want, leave the rest.
There is no rush to decide. Our offer stands while the family talks it over. The closing follows the court step, whether that is letters, a recorded transfer on death deed, or a summary administration.
You pick the closing date, and heirs who live out of state can often sign by mail through the title company. Sellers pay no fees or commissions to Propcash. When the family is ready, you can get a cash offer on the inherited house or see how we buy houses across Montana.
Why wait? Sell your house “as is” for cash today
Tell us about your house. We'll make you a cash offer based on local market data.
Let's chatFrequently Asked Questions
Can the Montana small estate affidavit transfer an inherited house?
The Montana small estate affidavit cannot transfer an inherited house. Mont. Code Ann. § 72-3-1101 reaches tangible personal property and instruments, such as bank accounts and stock, when the probate estate is $100,000 or less. It does not reach real estate at any value. A Montana house passes by a recorded transfer on death deed, probate, or summary administration.
How long do creditors have to file claims in a Montana probate?
Creditors have 4 months from the first published notice to present claims, under Mont. Code Ann. § 72-3-801. The personal representative publishes the notice once a week for 3 successive weeks in a county newspaper.
What does a transfer on death deed beneficiary record in Montana after the owner dies?
The beneficiary records a notarized affidavit of death with the county clerk and recorder, with a certified death certificate and a Realty Transfer Certificate. The deed itself must have been recorded before the owner died. The beneficiary can then sign a deed to a buyer without probate.
Does an heir have to give a seller disclosure statement when selling an inherited house in Montana?
An heir who takes title and then sells usually has to give a seller disclosure statement in Montana. Montana's disclosure law exempts a sale ordered by a probate court, but an heir who takes title and then sells is an ordinary seller. The heir discloses adverse material facts they actually know and has no duty to investigate.
Does Montana have an inheritance tax or estate tax?
Montana has no inheritance tax and no estate tax. The Montana Department of Revenue says there is no estate tax for deaths after 2004, and no inheritance tax since 2001. For federal income tax, an heir's basis is generally the house's fair market value on the date of death.
What property tax rate applies to an inherited Montana house nobody lives in?
For 2026, a Montana house that is not anyone's principal residence carries the flat 1.90% non-principal residence rate, according to the Montana Department of Revenue. Local mill levies apply on top. An heir who moves in must enroll for the homestead rate, and enrollment for 2027 closes March 1, 2027.
Montana Code Annotated Titles 15, 70, 72, and 85, the Montana Department of Revenue, Montana DNRC, Montana State University Extension, the IRS, and the market sources dated above. Propcash is a direct cash homebuyer, not a law firm, and this is general information, not legal or tax advice.