How to Avoid Probate in Montana
The legal ways to pass property outside probate in Montana: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.
Short answer: Non-probate options include: transfer on death deeds for real property (Mont. Code Ann. §§ 72-6-401 to 72-6-418); securities in transfer-on-death form under the Uniform TOD Security Registration Act (Title 72, Chapter 6, Part 3); Mont. Code Ann. §§ 72-6-401 to 72-6-418, 72-6-301, 72-38-602, 72-3-1101
| Ways to avoid probate | Non-probate options include: transfer on death deeds for real property (Mont. Code Ann. §§ 72-6-401 to 72-6-418); securities in transfer-on-death form under the Uniform TOD Security Registration Act (Title 72, Chapter 6, Part 3); vehicle and vessel beneficiary designations filed with the MVD on form MV13; revocable trusts (§ 72-38-602); and collection of personal property by affidavit, or vehicle title by non-probate transfer, when the entire estate is $100,000 or less (§ 72-3-1101). |
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| Small estate affidavit | 30 days after death, a successor may collect money owed to the deceased, tangible personal property, and stock or other instruments by giving an affidavit stating that the probate estate, wherever located, less liens and encumbrances, is $100,000 or less, that 30 days have passed, that no personal representative has been applied for or appointed anywhere, and that the person is entitled to the property. The affidavit covers personal property only; it does not transfer real estate. The limit was amended in 2023 (Ch. 453, L. 2023). Separately, the Department of Revenue may refund unclaimed property of $5,000 or less to a successor regardless of estate size. Source: Mont. Code Ann. § 72-3-1101 |
| Transfer-on-death deed | Yes, under the Uniform Real Property Transfer on Death Act. The deed must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded with the county clerk and recorder where the land is located before the owner dies. The owner needs the same mental capacity as for a will. Notice to, acceptance by, or payment from the beneficiary is not required. |
More Montana estate law
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- Small Estate Affidavit in Montana
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- Quitclaim Deeds and Transferring Property in Montana
- Who Inherits If You Die Without a Will in Montana
- How to Make a Valid Will in Montana
- How Probate Works in Montana
- Living Wills and Advance Directives in Montana
- Revocable Living Trusts in Montana
- Executor Duties in Montana
- Letters Testamentary in Montana
- Affidavit of Heirship in Montana
- Transferring a Car After Someone Dies in Montana
- All Montana wills, probate and estate rules
FAQ
How can you avoid probate in Montana?
Non-probate options include: transfer on death deeds for real property (Mont. Code Ann. §§ 72-6-401 to 72-6-418); securities in transfer-on-death form under the Uniform TOD Security Registration Act (Title 72, Chapter 6, Part 3); vehicle and vessel beneficiary designations filed with the MVD on form MV13; revocable trusts (§ 72-38-602); and collection of personal property by affidavit, or vehicle title by non-probate transfer, when the entire estate is $100,000 or less (§ 72-3-1101).
What is the small estate limit in Montana?
30 days after death, a successor may collect money owed to the deceased, tangible personal property, and stock or other instruments by giving an affidavit stating that the probate estate, wherever located, less liens and encumbrances, is $100,000 or less, that 30 days have passed, that no personal representative has been applied for or appointed anywhere, and that the person is entitled to the property. The affidavit covers personal property only; it does not transfer real estate.
Does Montana allow transfer-on-death deeds?
Yes, under the Uniform Real Property Transfer on Death Act. The deed must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded with the county clerk and recorder where the land is located before the owner dies. The owner needs the same mental capacity as for a will. Notice to, acceptance by, or payment from the beneficiary is not required.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.