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 unless the will relieves the PR of it and no interested party has requested one.
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 unless the will relieves the PR of it and no interested party has requested one.
“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.
If a DIY will is the right route for you in Montana
Because Montana’s own bond rule turns on what your will says, a properly executed will is the actual lever here, not paperwork on the side. LawDepot builds a state-specific last will and testament, which you then sign and witness under your state’s rules.
LawDepot pays us a commission if you buy through this link and it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
Can the heirs or beneficiaries waive it in Montana?
Sometimes. Interested persons can demand bond under § 72-3-514, but the statute’s affirmative waiver path in formal proceedings runs through the will, not independent heir consent.
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.