Small Estate Affidavit in Montana
How to collect a loved one's property in Montana without full probate: the dollar limit, waiting period and official form.
Short answer: 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… Mont. Code Ann. § 72-3-1101
| 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 |
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| Simplified probate | If the inventory shows the whole estate, less liens, is no more than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses, and last-illness medical expenses, the personal representative may distribute it right away without notice to creditors and close by sworn statement. Montana also allows informal (non-hearing) probate and appointment through the clerk. |
| Deadline for creditor claims | Creditors must present claims within 4 months after the first published notice, or for creditors mailed notice, the later of that 4 months or 30 days after mailing. In any case, claims that arose before death are barred 1 year after death if not presented earlier. |
Official forms
- Affidavit for Collection of Personal Property Packet
- How to Administer a Small Estate Packet
- Affidavit of Death
- Affidavit for Collection of Personal Property Packet
More Montana estate law
- Medical Power of Attorney in Montana
- Power of Attorney in Montana
- 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
- How to Avoid Probate in Montana
- Transferring a Car After Someone Dies in Montana
- All Montana wills, probate and estate rules
FAQ
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.
Is there a simplified probate process in Montana?
If the inventory shows the whole estate, less liens, is no more than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses, and last-illness medical expenses, the personal representative may distribute it right away without notice to creditors and close by sworn statement. Montana also allows informal (non-hearing) probate and appointment through the clerk.
How long do creditors have to file claims against an estate in Montana?
Creditors must present claims within 4 months after the first published notice, or for creditors mailed notice, the later of that 4 months or 30 days after mailing. In any case, claims that arose before death are barred 1 year after death if not presented earlier.
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.