Insolvent Probate Estate Claim-Payment Priority in Montana

Short answer Montana places administration costs first, combines funeral and last-illness expenses second, and then ranks estate taxes, child support, preferred debts, other taxes, and residual claims. Homestead and family allowances and exempt property have separate priority over estate claims. Secured claims are measured against the creditor's security.
State
Montana
Statute checked
October 5, 2026
Sources
7 statutes

At a glance

Statutory payment orderSeven ordered claim classes, with allowances separately protected (§§ 72-3-807, 72-3-808).
Administration costsClass 1 costs and expenses of administration (§ 72-3-807(1)(a)).
Funeral and last illnessReasonable funeral and necessary last illness share class 2 (§ 72-3-807(1)(b)).
Family and homestead allowancesHomestead and family allowances outrank claims; exempt-property deficiency yields to earlier allowances (§§ 72-2-412–414).
Taxes and public claimsFederal and Montana estate taxes class 3; legally preferred debts class 5; other federal/state taxes class 6 (§ 72-3-807(1)(c),(e),(f)).
Secured claimsSurrender security for full allowed claim; otherwise deduct its value; representative may address encumbrance (§§ 72-3-811–812).
Support and special debtsCurrent and past-due child support under a support order is class 4 (§ 72-3-807(1)(d)).
General claimsAll other claims are class 7 (§ 72-3-807(1)(g)).
Underfunded classNo same-class preference, including due over not-yet-due claims (§ 72-3-807(2)).

Requirements one by one

Seven claim classes

Under § 72-3-807(1), funeral and last-illness expenses share the second class, followed by federal and Montana estate taxes. A current support obligation and past-due child support under a support order form the fourth class. Preferred debts and other taxes are separate later classes.

Allowances outside the claim ladder

Under § 72-2-412, the homestead allowance has priority over estate claims. Under § 72-2-414, the statute places family allowance behind homestead but ahead of claims. Under § 72-2-413, the statute gives exempt property claim priority, with deficiency assets yielding to earlier homestead and family allowance payments.

Secured claims

Under § 72-3-811, a creditor who surrenders security uses the full allowed claim for payment; otherwise the statute deducts its value. Under § 72-3-812, the representative may pay an encumbrance, renew the secured obligation, or convey the asset to the creditor in satisfaction when doing so appears best for the estate, even without a filed claim.

What trips people up

Under § 72-3-808, the statute directs the representative to provide for unresolved and still-presentable claims before paying allowed claims after the presentation period. Under § 72-3-807(2), a currently due claim gets no preference over a not-yet-due claim of the same class.

Common questions

Do all taxes share one class? No. Section 72-3-807(1)(c),(f) separates estate taxes from other federal and Montana taxes.

Does a child-support debt rank with ordinary claims? Section 72-3-807(1)(d) places the specified current and past-due obligations in class four.

Statutes and sources

  • Mont. Code Ann. §§ 72-3-807–808, 72-3-811–812, and 72-2-412–414. Verbatim official text, section URLs, and access dates appear in the source fields above.

Source links

Every statute quoted above, linked, with the date we checked it.

Mont. Code Ann. § 72-3-807 · accessed 2026-10-05
Mont. Code Ann. § 72-3-808 · accessed 2026-10-05
Mont. Code Ann. § 72-3-811 · accessed 2026-10-05
Mont. Code Ann. § 72-3-812 · accessed 2026-10-05
Mont. Code Ann. § 72-2-412 · accessed 2026-10-05
Mont. Code Ann. § 72-2-413 · accessed 2026-10-05
Mont. Code Ann. § 72-2-414 · accessed 2026-10-05
This page summarizes statutory probate payment priorities, not advice about a specific estate or claim. Claim validity, federal law, liens, and court orders can change the result. Check current official law and consult a licensed adviser before acting.

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