Small estate affidavit in Montana: who can use it and how

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.

Up to $100,000, 30 days after the death, no court filing.

Checked against official sources: October 30, 2026.

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.

Forms

How to Use an Affidavit to Get Personal Property from an Estate, with Affidavit for Collection of Personal Property (Montana Supreme Court Access to Justice Commission and Montana Legal Services Association, updated 12/07/2023)

Law: MCA 72-3-1101, 72-3-1102

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

Questions about small estates in Montana

How long must I wait to use the affidavit in Montana?

At least 30 days must have passed since the death.

What does the affidavit cost in Montana?

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.

Am I responsible for debts if I use the affidavit in Montana?

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.