What to gather for a small estate in Montana
Pick a procedure and check off what you already have. Download or print the list to take with you.
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
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
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
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
Related pages
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