Small estate checker for Montana
Enter the date of death and what the person owned. The page adds what the state counts and compares it with the limit for that date. It does not decide anything.
The limits this checker uses
These come from the state's law as we checked it. The checker picks the row that matches the date of death you enter.
Affidavit for Collection of Personal Property
30 days after the death.
Also in Montana (not tested here)
These procedures have their own rules, so the checker does not test them. See the state page.
- Small estates - summary administration procedure
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
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
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
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