Settle a small estate in Montana without probate
In Montana this is called: Affidavit for collection of personal property (small estate affidavit); summary administration procedure for small estates. If the person's probate estate, minus liens, is worth $100,000 or less, the successor can collect personal property such as bank accounts and belongings by giving the holder a signed, notarized affidavit 30 days after the death, without going to court.
Up to $100,000, 30 days after the death, no court filing.
Checked against official sources: October 30, 2026.
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Free tools
Small estate checker
Add up the estate and compare it with the Montana limit for the date of death.
Letter to a bank
Present your signed affidavit to a bank or other holder in Montana.
Balance request letter
Ask a bank or holder for the balance on the date of death.
What-to-gather checklist
Papers, steps, forms and fees for Montana, by procedure.
Car, bank, house in Montana
Car or other vehicle
A surviving spouse or other heir can get a new title for the person's vehicles (including trailers, campers, motorboats, personal watercraft, sailboats and snowmobiles) by filing an affidavit with the Motor Vehicle Division.
Bank accounts
If you were named as a beneficiary of the account or co-owned a joint account with the person, you may not need the affidavit; ask the bank.
House or land
An owner can sign a transfer on death deed naming a beneficiary for real estate. It must have the 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 property is before the owner dies.
Related pages
- Small estate affidavit in Montana
- Car title after a death in Montana
- Bank accounts after a death in Montana
- House without probate in Montana
- Small estate checker for Montana
- Letter to a bank in Montana
- Balance request letter for Montana
- What-to-gather checklist for Montana
- All about small estates in Montana
Affidavit for Collection of Personal Property
A sworn statement you give to a bank, company or person holding the person's personal property, so they pay or deliver it to you. It is not filed with a court.
- Limit
Up to $100,000 Counted after subtracting liens (what is owed on the property).
The probate estate, wherever located, minus liens and encumbrances, cannot be worth more than $100,000. The limit was raised from $50,000 by a 2023 law. Separately, the Department of Revenue may refund unclaimed property of $5,000 or less to a successor, whatever the size of the estate.
- What counts
The value of the person's probate estate, wherever located, minus liens and encumbrances. Property that passes to a named beneficiary or a surviving joint owner is not part of the probate estate.
- Waiting period
At least 30 days must have passed since the death.
- Who can use it
A person claiming to be the successor of the person who died (someone entitled to the property under the will or by Montana inheritance law), or someone acting on the successor's behalf. No application or petition to appoint a personal representative can be pending or granted anywhere.
- Court or where to file
Not filed with a court. You give a copy to each bank, company or person holding the property.
- Notary
The court-approved form is signed and dated in front of a notary public.
- Papers to attach
- Copy of the death certificate (many holders ask for one)
- For a vehicle: the Motor Vehicle Division title application named in the packet
- Steps
- Wait until at least 30 days after the death.
- Make sure no one has gone to court to be appointed personal representative.
- Add up the probate estate, wherever located, minus liens and encumbrances; it must be $100,000 or less.
- Fill in the Affidavit for Collection of Personal Property and sign it in front of a notary.
- Make copies, and give a copy of the affidavit and the death certificate to each holder of the property.
- Fee
There is no court filing fee because the affidavit is not filed with a court. The Motor Vehicle Division charges a fee for a new vehicle title.
- Debts and responsibility
A person who receives property by affidavit is answerable and accountable for it to any personal representative of the estate and to any other person with a better right. If a holder asks you to sign an agreement to protect it, you may later have to repay if the transfer was wrong.
- What the bank or holder must do
On a proper affidavit, the holder must pay or deliver the property, and a transfer agent must re-register securities. A holder who pays is discharged and released as if it had dealt with a personal representative and does not have to check the statements. If the holder refuses, the property can be recovered in a court proceeding.
Law: MCA 72-3-1101, 72-3-1102
Source: Official page
Small estates - summary administration procedure
If a personal representative has been appointed and the inventory shows the estate, minus liens, is no more than the family protections (homestead allowance, exempt property, family allowance) plus administration costs, reasonable funeral costs and last-illness medical costs, the personal representative can distribute it right away without notice to creditors and close the estate with a sworn statement.
- Waiting period
The personal representative may distribute immediately once the inventory and appraisal show the estate qualifies.
- Who can use it
A personal representative appointed by the court (not a supervised personal representative).
- Court or where to file
The district court where the probate case is open; the closing statement is filed there.
- Notary
The closing statement is a verified (sworn) statement.
- Papers to attach
- Inventory and appraisal
- Verified closing statement
- Copy of the closing statement sent to all distributees and known unpaid creditors, and a full written account to affected distributees
- Steps
- Be appointed personal representative by the district court.
- Prepare the inventory and appraisal.
- If the estate qualifies, pay the allowances and expenses and distribute the estate.
- File a verified closing statement with the court and send copies to distributees and known unpaid creditors.
- Fee
Set by the court; ask the clerk of the district court.
Law: MCA 72-3-1103, 72-3-1104
Source: Official page
What counts toward the limit in Montana
Add up the person's probate estate, wherever it is located, and subtract liens and encumbrances. For example, a car worth $5,000 with a $2,000 loan counts as $3,000. Property that passes outside probate, such as accounts with a named beneficiary or a surviving co-owner, is not part of the probate estate.
Law: MCA 72-3-1101(1)(a)
In this state the total is counted after subtracting liens.
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Bank accounts in the person's name alone, with no beneficiary, are part of the probate estate and count. Law: MCA 72-3-1101(1)(a) |
Joint or payable-on-death (POD) bank accounts | Left out | On the death of a co-owner, money in a joint account belongs to the surviving owner, and money in an account with a payable-on-death designation goes to the named beneficiary. These accounts are not part of the probate estate. Law: MCA 72-6-212 |
Cars and other vehicles | Counts | A vehicle in the person's name counts at its value minus any loan. A vehicle with a transfer-on-death beneficiary on the title passes outside probate. Law: MCA 72-3-1101(1)(a), 61-3-222(1)(a), 61-3-226 |
Boats and mobile or manufactured homes | Counts | Boats and other personal property in the person's name count, minus liens. Law: MCA 72-3-1101(1)(a) |
Real estate in Montana | Counts | Real estate in the person's name is part of the probate estate and counts, minus mortgages, even though the affidavit cannot be used to collect it. Real estate with a recorded transfer on death deed passes outside probate. Law: MCA 72-3-1101(1)(a), 72-6-408 |
Main home (primary residence) | Counts | The person's home counts like other real estate in their name, minus the mortgage. Law: MCA 72-3-1101(1)(a) |
Real estate in another state | Counts | The limit covers the probate estate 'wherever located', so real estate in other states counts. Law: MCA 72-3-1101(1)(a) |
Unpaid wages owed to the person | Counts | Paychecks owed to the person are personal property in the probate estate and count; they can be collected with the affidavit. Law: MCA 72-3-1101(1) |
Military pay owed to the person | Not clear | Montana's small estate statute does not mention military pay owed to the person. Law: MCA 72-3-1101 |
Life insurance or retirement money paid to a named person | Left out | Benefits paid to a named beneficiary are not part of the probate estate. Law: MCA 72-3-1101(1)(a) ('probate estate') |
Life insurance or retirement money paid to the estate | Counts | Benefits payable to the person's estate are part of the probate estate and count. Law: MCA 72-3-1101(1)(a) |
Property in a living trust | Left out | Property held in a living trust is not part of the person's probate estate. Law: MCA 72-3-1101(1)(a) ('probate estate') |
Property owned jointly with right of survivorship | Left out | Property co-owned with right of survivorship passes to the surviving owner and is not part of the probate estate. Law: MCA 72-3-1101(1)(a) ('probate estate') |
Property going to a surviving spouse | Counts | Probate property inherited by the surviving spouse is still part of the probate estate and counts. Law: MCA 72-3-1101(1)(a) |
Stocks, bonds and brokerage accounts | Counts | Stocks in the person's name count; a transfer agent must re-register them on the affidavit. Law: MCA 72-3-1101(1)(a), (3) |
Furniture, jewelry and other belongings | Counts | Furniture and other belongings count at their value minus any liens. Law: MCA 72-3-1101(1)(a) |
Source: Official page
Car or vehicle title after a death in Montana
A surviving spouse or other heir can get a new title for the person's vehicles (including trailers, campers, motorboats, personal watercraft, sailboats and snowmobiles) by filing an affidavit with the Motor Vehicle Division. This works only if the whole estate, including the vehicles, minus liens, is within the $100,000 small estate limit, the person left no other property that needs a probate case, and the person did not leave the vehicle to someone by will. The affidavit states the facts of survivorship and the names and addresses of any other heirs. The new title still shows any lien. If the owner named a transfer-on-death beneficiary on the title, the beneficiary brings proof of death and ID to the department, the county treasurer or an authorized agent for a new title.
Law: MCA 61-3-222, 61-3-226, 72-3-1101
- Agency
- Montana Department of Justice, Motor Vehicle Division (MVD)
- Waiting period
- 30 days after the death
- Fee
The MVD charges a title fee; the amount is printed on Form MV12.
- Transfer-on-death title
An owner or joint owners can name one or more beneficiaries on the application for certificate of title for a vehicle or vessel (including a manufactured or mobile home titled as a vehicle). A will does not override a perfected beneficiary designation. After the last owner dies, the beneficiary presents proof of death and ID to get a replacement title or transfer it; liens stay in place.
Source: Official page
Bank accounts after a death in Montana
If you were named as a beneficiary of the account or co-owned a joint account with the person, you may not need the affidavit; ask the bank. For an account in the person's name alone, the successor can use the Affidavit for Collection of Personal Property 30 days after the death if the probate estate, minus liens, is $100,000 or less. The bank must pay on a proper affidavit and is then released.
Law: MCA 72-3-1101, 72-3-1102
Source: Official page
Transfer-on-death (TOD) and payable-on-death (POD) in Montana
- Real estate (TOD deed)
Yes · Transfer on death deed
An owner can sign a transfer on death deed naming a beneficiary for real estate. It must have the 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 property is before the owner dies. The beneficiary can be liable for allowed creditor claims and family allowances if the probate estate is not enough.
Law: MCA 72-6-401 to 72-6-418 (esp. 72-6-408, 72-6-414)
- Vehicle title (TOD)
Yes
Law: MCA 61-3-226
- Bank account (POD)
Yes
Law: MCA 72-6-212
- Securities (TOD)
Yes
Law: MCA 72-6-301 to 72-6-311 (Uniform TOD Security Registration Act)
Source: Official page
Surviving spouse in Montana
Montana follows the Uniform Probate Code: a surviving spouse is entitled to a homestead allowance, exempt property and a family allowance, which come ahead of most creditors. If a personal representative is appointed and the estate is no more than these allowances plus funeral, administration and last-illness costs, it can be distributed right away under the summary procedure. The spouse inherits everything with no will if all the person's descendants are also the spouse's.
Law: MCA 72-3-1103; MCA 72-2-112
Debts of the person in Montana
A person who receives property by affidavit is answerable and accountable for it to a personal representative or anyone with a better right. A beneficiary of a transfer on death deed can be liable for allowed claims and family allowances to the extent the probate estate is not enough.
Law: MCA 72-3-1102(3); MCA 72-6-414
Medicaid estate recovery in Montana
After a Medicaid recipient dies, DPHHS presents a claim against the estate, and it may also claim against any person who received the person's property by distribution or survival, including through a small estate procedure, joint tenancy, right of survivorship, life estate or living trust, up to the value received. An action on such a claim must start within 3 years after the later of the death or the closing of the estate. DPHHS may waive recovery if it is not cost-effective, and must waive it in whole or in part for undue hardship; its claim must include notice of the right to ask for a hardship exception. DPHHS may not recover while there is a surviving spouse, or a surviving child who is under 21, blind or permanently and totally disabled.
Law: MCA 53-6-167
- Agency
- Montana Department of Public Health and Human Services (DPHHS)
- Official page
- Official page
Who inherits with no will in Montana
If there is no will, the surviving spouse gets everything if the person left no descendants or parents, or if all the person's descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse gets a set amount plus a share of the rest: $300,000 plus three-fourths if no descendant but a parent survives; $225,000 plus one-half if the spouse has other descendants; $150,000 plus one-half if the person has descendants who are not the spouse's. The rest goes to descendants, then parents, then brothers and sisters and their descendants, then grandparents' families.
Law: MCA 72-2-112, 72-2-113
Source: Official page
Death certificates in Montana
Certified death certificates are available from the Office of Vital Statistics, Montana DPHHS, 111 N Sanders, P.O. Box 4210, Helena, MT. The CDC directory lists the fee as $16.00 per copy; check the current fee with the office.
- Where to get it
- Montana DPHHS, Office of Vital Statistics, or the clerk and recorder in the county of death
- Official page
- Official page
Where to file in Montana
The Affidavit for Collection of Personal Property is not filed with a court; you give a copy to each holder of the property, and send the vehicle title application to the Motor Vehicle Division. Real estate needs a probate case in the district court, unless it passes by a transfer on death deed recorded with the county clerk and recorder before the death.
Good to know in Montana
- Montana's small estate affidavit limit is $100,000 of probate estate, wherever located, minus liens and encumbrances; it was $50,000 before a 2023 amendment.
- The Montana Department of Revenue may refund unclaimed property of $5,000 or less to a successor regardless of the estate's value.
- Montana's Medicaid program can recover from people who received the person's property by survivorship, joint tenancy or living trust, not only from the probate estate.
Changes in 2024–2026
Ch. 47, L. 2025 amended the vehicle transfer-on-death title law. The $100,000 affidavit limit dates from Ch. 453, L. 2023.
Law: MCA 61-3-226
National rules that apply in every state
Federal estate tax
- For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
- Most estates owe no federal estate tax and do not need to file a federal estate tax return.
Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)
The final income tax return
- Report all income up to the date of death and claim all eligible credits and deductions.
- Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
- To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
Law: Form 1310 instructions (Rev. December 2025)
Social Security
- Social Security retirement benefits are paid through the month before the month the person died.
- If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.
Law: 42 U.S.C. 402(a), 402(i)
Savings bonds
- If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.
Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)
Debts
- Debts are generally paid from the money and property the person left (the estate).
- If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
- You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.
Law: 12 CFR 1006.6(a)(4)
A house with a mortgage
- For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
- Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
- Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/
Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31
FDIC insurance on bank accounts
- After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.
Law: 12 CFR 330.3(j)
Medicaid estate recovery
- States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
- The 'estate' includes at least the property in the person's probate estate under state law.
- Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html
Law: 42 U.S.C. 1396p(b)
Death certificates
- Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.
Free help in Montana
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- Montana Legal Services Association HelpLine · 1-800-666-6899
- State Bar of Montana Lawyer Referral and Information Service · 1-406-449-6577
- Montana Law Help: How to use an affidavit to get personal property from an estate (Access to Justice Commission and MLSA)
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372
More help on our sister sites
Questions about small estates in Montana
What is a small estate affidavit called in Montana?
In Montana this is called: Affidavit for collection of personal property (small estate affidavit); summary administration procedure for small estates. If the person's probate estate, minus liens, is worth $100,000 or less, the successor can collect personal property such as bank accounts and belongings by giving the holder a signed, notarized affidavit 30 days after the death, without going to court.
What is the small estate limit in Montana?
Up to $100,000, 30 days after the death, no court filing.
How long do I wait in Montana?
At least 30 days must have passed since the death.
Do I have to go to court in Montana?
Not filed with a court. You give a copy to each bank, company or person holding the property.
How do I transfer a car after a death in Montana?
A surviving spouse or other heir can get a new title for the person's vehicles (including trailers, campers, motorboats, personal watercraft, sailboats and snowmobiles) by filing an affidavit with the Motor Vehicle Division.
What happens to a bank account after a death in Montana?
If you were named as a beneficiary of the account or co-owned a joint account with the person, you may not need the affidavit; ask the bank. For an account in the person's name alone, the successor can use the Affidavit for Collection of Personal Property 30 days after the death if the probate estate, minus liens, is $100,000 or less.
Who inherits in Montana if there is no will?
If there is no will, the surviving spouse gets everything if the person left no descendants or parents, or if all the person's descendants are also the spouse's and the spouse has no other descendants.
Do I owe the person's debts in Montana?
A person who receives property by affidavit is answerable and accountable for it to a personal representative or anyone with a better right. A beneficiary of a transfer on death deed can be liable for allowed claims and family allowances to the extent the probate estate is not enough.