Montana Laws

This page summarizes ten Montana laws people ask about most, with a link to the full guide for each. Every guide cites the state statute or an official source. Laws change, so check the current statute or talk to a local attorney before you act.

Montana Personal Injury Statute of Limitations

In Montana, you generally have 3 years from the date of injury to file a personal injury lawsuit (Mont. Code § 27-2-204). If you miss the deadline, the court will usually dismiss the case. Different deadlines can apply to medical malpractice, wrongful death and claims against government agencies.

Read the full personal injury statute of limitations guide →

Montana Comparative Negligence Laws

Montana follows modified comparative negligence (51% bar). You can recover if your share of fault is 50% or less, with your award reduced by your percentage of fault. At 51% or more you recover nothing.

Read the full comparative negligence laws guide →

Montana Minimum Wage in 2026

The Montana minimum wage is $10.85 per hour, above the federal $7.25. Applies to businesses with gross annual sales over $110,000; smaller non-FLSA businesses may pay $4.00. When state and federal rates differ, employees are entitled to the higher rate.

Read the full minimum wage guide →

Montana Final Paycheck Laws

In Montana, an employer must pay final wages to a fired employee: immediately, unless a written policy allows payment by the next regular payday or within 15 days, whichever is earlier. If you quit, final pay is due: next regular payday or within 15 days, whichever is earlier. If wages are late or missing, you can file a wage claim with the state labor department or go to court.

Read the full final paycheck laws guide →

Montana Small Claims Court Limits

In Montana, you can sue for up to $7,000 in small claims court, which is handled by the justice court or district court (small claims). Small claims cases are faster and cheaper than regular lawsuits, and most people represent themselves. If your claim is larger, you must file in a higher court or give up the excess.

Read the full small claims court limits guide →

Montana Security Deposit Laws

Montana security deposit limit: no statutory limit. The landlord must return the deposit, minus lawful deductions, within this deadline: 10 days if nothing is withheld; 30 days if deductions are made. Landlords cannot deduct for normal wear and tear, and tenants can usually sue in small claims court if a deposit is wrongly withheld.

Read the full security deposit laws guide →

Montana Eviction Notice Requirements

If rent is unpaid in Montana, the landlord must generally give a written notice before filing an eviction case: 3 days to pay or move. Only a court can order an eviction; a landlord cannot change the locks, remove belongings or shut off utilities to force a tenant out.

Read the full eviction notice requirements guide →

Montana Small Estate Affidavit

Montana small estate limit: $100,000. Waiting period after death: 30 days. Real estate cannot be transferred this way. A small estate process lets heirs collect property without a full probate case. The heir signs a sworn affidavit and presents it, with a death certificate, to whoever holds the property.

Read the full small estate affidavit guide →

Does Montana Recognize Common Law Marriage?

Yes. Montana recognizes common law marriage. A valid common law marriage is a full legal marriage, so ending it requires a divorce. Proof usually includes an agreement to be married, living together and presenting yourselves to others as spouses.

Read the full common law marriage guide →

Montana Divorce Residency Requirements

To file for divorce in Montana: 90 days of domicile before filing. Waiting period: 21 days after service. If you do not meet the residency rule yet, you may need to wait or file in the state where your spouse lives.

Read the full divorce residency requirements guide →

This page summarizes state law for general information and is not legal advice. Laws change and courts interpret them; check the current statute or official source, or talk to a licensed attorney in your state about your situation.

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