Detailed answer — overview and typical timeline

Short answer: admission of an out-of-state will in Montana can be quick if everything is straightforward, but it commonly takes weeks to several months. If there are procedural issues, creditor claims, or contests, the process can take many months or longer.

Key factors that determine how long it will take

• Where the decedent was domiciled: Probate normally occurs in the decedent’s domicile (their permanent legal home). If the decedent was domiciled in Montana, a will from another state is usually probated in Montana as the primary proceeding. If the decedent was domiciled in another state but owned Montana real estate, you may need ancillary probate in Montana — an extra step that adds time and paperwork.
• Existence of the original will: Montana courts generally require the original will (or an admissible copy and proof of why the original is not available). Locating and producing the original will shortens the timeline.
• Formalities and proof of validity: Courts will review whether the will meets Montana’s formal requirements or was valid where it was executed. If the will’s execution is straightforward (proper signatures and witnesses or notarization), admission is faster. If proof is needed about foreign execution or witnesses, expect delays.
• Notice, creditors, and statutory waiting periods: Montana law requires notice to heirs and gives time for creditors to present claims. These notice and claim periods create minimum timeframes that the court must honor before closing the estate or distributing assets.
• Contested issues: Any dispute about authenticity, capacity, undue influence, or beneficiary claims can convert an otherwise short proceeding into a contested case that may take months or years.

Typical timeline ranges (general guidance)

• Routine admission, uncontested, with original will and clear domicile: 4–12 weeks. This covers filing the petition, basic court review, and issuance of letters (authority for a personal representative) in straightforward cases.
• Admissions that require formal notice and creditor response time: 3–6 months. Many probate matters require published or mailed notice and a statutory claims period. Even uncontroversial estates often wait for the statutory claims window to close before final distribution.
• Ancillary probate (decedent domiciled elsewhere but assets in Montana): Often adds several weeks to a few months, depending on how quickly the primary probate issues are resolved and how quickly Montana filings are made.
• Contested wills or evidence/proof problems: 6 months to 1+ year. Complex litigation, discovery, and trial extend timelines substantially.

How the court process usually works

1. Locate the original will and contact the clerk of the Montana district court in the county where the decedent was domiciled or where property is located.
2. File a petition for probate (admission of the will) and request appointment of a personal representative. The petition must include basic information about the decedent, heirs, and the will.
3. Serve or give notice to interested persons and publish notice as required by Montana procedure. The clerk will set out deadlines for responses and creditor claims.
4. Court review and hearing (if required). If no objections are filed, the court often admits the will and issues letters to the personal representative.
5. Personal representative administers the estate, including paying valid creditors, resolving taxes, and distributing assets after any required waiting periods.

Where to look in Montana law and court resources

Montana’s probate laws and court procedures are administered by state statutes and the district courts. For an entry point to Montana statutes and probate rules, visit the Montana Legislature website and the Montana Judicial Branch:

• Montana Legislature (home) — start here to search the Montana Code Annotated (Title 72 covers probate topics)
• Montana Courts (Judicial Branch) — county district court information, forms, and local procedures

Because local rules and statutory details matter, use these official sites to find specific filing forms and deadlines for the county where you will file.

When out-of-state issues specifically slow the process

An out-of-state will can add time when:

• You must obtain authenticated copies of signatures, notarial acts, or witness affidavits from another state.
• There is uncertainty whether the will met the other state’s formalities, requiring additional proof or testimony.
• The will has been filed or is already in probate in another state and coordination or ancillary proceedings are required.

Helpful Hints

• Find and preserve the original will. Courts prefer the original. If you only have a copy, explain why and be prepared to prove authenticity.
• Determine the decedent’s domicile. Probate is generally in the decedent’s domicile state; if Montana was the domicile, start in Montana. If not, expect possible ancillary probate if Montana property exists.
• Contact the clerk of the local Montana district court early. Clerks can explain filing steps, required forms, and local notice procedures.
• Get a local probate attorney if the estate is significant, there are creditors, or any party may contest the will. Attorneys familiar with Montana probate can shorten delays and avoid procedural mistakes.
• Expect minimum waiting periods. Plan for notice and creditor timelines before asking for final distribution of assets.
• If the will was executed out-of-state, collect supporting evidence (witness affidavits, notary acknowledgments, and any comparable out-of-state probate filings) to speed admissibility.
• Consider alternatives for small estates. Montana may have simplified procedures for very small estates or for transferring particular assets outside full probate — check court resources or ask an attorney.
• Keep accurate records. Timely filing, certified copies, and proper service of notices help avoid contested delays.