Updated September 7, 2026. Quick answer: In Montana, montana follows the UPC pattern: bond is not required of a personal representative appointed in informal proceedings, except upon appointment of a special administrator, when the will expressly requires bond, or when demanded by an interested person under § 72-3-514. In formal proceedings, the court may order bond, except that bond is not required if the will relieves the personal representative of it, unless an interested party has requested bond and the court is satisfied that it is desirable.
Montana executor bond: what the statute says
Each line is a short extract quoted from the statute cited; the section has the exceptions.
- When a bond is required. Mont. Code Ann. § 72-3-513: “Bond is not required of a personal representative appointed in informal proceedings, except: (a) upon the appointment of a special administrator; (b) when an executor or other personal representative is appointed to administer an estate under a will containing an express requirement of bond; or (c) when bond is required under 72-3-514 .”
- Waiver. Mont. Code Ann. § 72-3-513: “…bond is not required of a personal representative appointed in formal proceedings if the will relieves the personal representative of bond unless bond has been requested by an interested party and the court is satisfied that it is desirable.”
- Amount. Mont. Code Ann. § 72-3-515: “If bond is required and the provisions of the will or order do not specify the amount…” “…and the person shall execute and file a bond with the clerk or give other suitable security in an amount not less than the estimate…”
- Surety and cost. Mont. Code Ann. § 72-3-515: “…that the bond is duly executed by a corporate surety or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property, or other adequate security.”
For the rest of the process and its fees, see Montana probate cost.
Does Montana require an executor to post a bond?
Montana follows the UPC pattern: bond is not required of a personal representative appointed in informal proceedings, except upon appointment of a special administrator, when the will expressly requires bond, or when demanded by an interested person under § 72-3-514. In formal proceedings, the court may order bond, except that bond is not required if the will relieves the personal representative of it, unless an interested party has requested bond and the court is satisfied that it is desirable.
“Bond is not required of a personal representative appointed in informal proceedings, except”
Source: Mont. Code Ann. § 72-3-513
Can the will waive it in Montana?
Yes. In formal proceedings, bond is not required if the will relieves the personal representative of it, absent an interested person’s request and court finding that bond is desirable.
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Can the heirs or beneficiaries waive it in Montana?
Sometimes. Interested persons holding an interest or claim worth more than $5,000 can demand bond under § 72-3-514, and the waiver path in formal proceedings runs through the will, but on petition of the personal representative or another interested person the court may excuse a bond requirement under § 72-3-515(3); there is no waiver by heir consent alone.
If a bond is required, how much?
When a bond is required, Montana sizes it at 100% of the estimated value of the personal estate plus expected annual income, per its own bond-amount statute.
“best estimate of the value of the personal estate of the decedent and of the income expected from the personal and real estate during the next year”
Source: Mont. Code Ann. § 72-3-515
What makes Montana different
Montana is another clean UPC-pattern state matching Michigan and Minnesota’s default-no-bond-for-informal-administration approach, reinforcing that the informal/supervised split is the dominant model among these Mountain West and Upper Midwest UPC adopters.
| Bond-requirement source | Mont. Code Ann. § 72-3-513 |
| Montana courts (general reference) | Montana judicial branch |
| Confidence | High |
Every statute quoted on this page was read directly from the state’s own legislature/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; a probate court has final discretion over bond in every state; confirm your own case with the court or a local attorney before relying on the default described here.
Related: how long creditors have to file a claim against an estate in Montana.