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Collection of Personal Property by Affidavit (Small Estate…Verified against the statute July 29, 2026

Montana Small Estate Affidavit

Montana lets the next of kin collect a deceased person’s property without opening probate when the estate is worth $100,000 or less and 30 days have passed since the death. Here is exactly how it works, and how to use it.

Check if you qualifyHow to use it

Montana at a glance

Estate value limit
$100,000
Gross value
Wait after death
30 days
Before the affidavit can be presented
File with a court?
No
Present it directly to the bank or agency
Covers real property?
No
Real property needs the court
Notary required?
Yes
Sign in front of a notary
Who can sign
The "successor" of the decedent, or a person…
Per the statute

Is your estate under the $100,000 limit?

Enter a rough total of what they owned in their own name alone. Leave out jointly-held accounts and anything with a named beneficiary. Those don’t count.

Nothing you type here is saved or sent anywhere.

The $100,000 limit, and what actually counts

Gross value of the entire probate estate, wherever located, less liens and encumbrances. Statutory text (§ 72-3-1101(1)(a)): "the value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000." Critical nuance: the cap is measured against the whole probate estate, including Montana and out-of-state real property, even though the affidavit itself can only transfer personal property. Non-probate assets (joint tenancy with right of survivorship, POD/TOD accounts, beneficiary-designated life insurance and retirement accounts, TOD deeds under §§ 72-6-401 et seq., TOD vehicle titles under § 61-3-226, trust assets) are not part of the probate estate and are excluded from the computation.

What doesn't count toward the limit

This is where most people wrongly rule themselves out. In Montana, these are left out of the calculation:

  • Jointly-held property with right of survivorship
  • Payable-on-death and transfer-on-death accounts
  • Life insurance with a living named beneficiary
  • Retirement accounts with a living named beneficiary
  • Property already held in a trust
  • Liens and encumbrances on estate property
  • Vehicles, where separately excluded
  • Real property

The 30-day waiting period

30 days from the date of death. Two places in the statute: the opening clause of § 72-3-1101(1) ('Thirty days after the death of a decedent...'), and the sworn recital required by § 72-3-1101(1)(b) ('30 days have elapsed since the death of the decedent'). Counted from date of death, not from date of will discovery, funeral, or issuance of the death certificate. There is no maximum outer deadline for using the affidavit in § 72-3-1101 itself, but Mont. Code Ann. § 72-3-122 (general 3-year limitation on commencing probate/testacy proceedings) and creditor/claim limitations under Title 72, ch. 3, pt. 8 should be considered in a stale-estate scenario. The $5,000 Department of Revenue unclaimed-property refund under subsection (2) is textually tied to the same section but the 30-day recital in (1)(b) is part of the (1) affidavit; treat 30 days as the safe minimum for all uses.

Who can sign the affidavit

The "successor" of the decedent, or a person acting on the successor's behalf. § 72-3-1101(1) requires "an affidavit made by or on behalf of the successor." "Successor" is defined at Mont. Code Ann. § 72-1-103 and covers persons (other than creditors) entitled to the decedent's property under the will or under intestate succession, so both devisees under a will and intestate heirs qualify. The statute does not require all heirs to join, does not require a court-appointed representative, and does not impose an order of priority among successors; the affiant must swear that "the claiming successor is entitled to payment or delivery of the property." One qualifying successor may sign. No court appointment, bond, or letters are involved.

Either, testate or intestate. Section 72-3-1101 does not distinguish; the affiant need only be a 'successor' entitled to payment or delivery, and 'successor' under Mont. Code Ann. § 72-1-103 embraces both devisees under a will and heirs taking by intestacy. The statute does not require that the will be probated, admitted, or filed before the affidavit is used, and it does not require that the will be attached. Important caution: this is not the same as saying the will can be ignored. Montana imposes an independent duty on any custodian of a will to deliver it to the clerk of the district court or to the personal representative after learning of the death (Mont. Code Ann. § 72-3-121, duty of custodian of will), with liability for failure. So a will should still be lodged with the district court even where the affidavit is used, and the affidavit's entitlement recital must be measured against the will's dispositive terms, not against intestacy, whenever a will exists. If probate of the will has been applied for anywhere, § 72-3-1101(1)(c) bars the affidavit outright.

The affidavit must be signed in front of a notary. Most banks and UPS Stores have a notary; many charge under $15.

Can it transfer a house or land in Montana?

No. Montana has no small-estate affidavit for real property. There is no Montana analogue to Cal. Prob. Code § 13200. Mont. Code Ann. § 72-3-1101 reaches only 'tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action.' Title 72, ch. 3, pt. 11 is titled 'Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates' and contains only four sections (72-3-1101 through 72-3-1104); none addresses real property. Confirmed against the official chapter parts index. Montana real property outside probate passes only by: (1) a TOD/beneficiary deed recorded before death under the Uniform Real Property Transfer on Death Act, Mont. Code Ann. §§ 72-6-401 et seq. (enacted Sec. 83, Ch. 313, L. 2019, which repealed the older beneficiary-deed statute at former § 72-6-121), no dollar cap, but it must have been executed and recorded during the owner's lifetime; (2) surviving joint tenancy with right of survivorship; (3) a funded revocable trust; or (4) probate, informal or formal, with the personal representative's deed of distribution, which is 'evidence of title' under § 72-3-904 and conclusive evidence of succession under § 72-3-905. Montana's summary administration under § 72-3-1103 can reach real property, but it is a probate: a personal representative must be appointed and an inventory and appraisal filed, and it is available only where the entire estate less liens and encumbrances does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness: a needs-based, not dollar-based, test that is usually far smaller than $100,000.

How to use a small estate affidavit in Montana

  1. 1

    Confirm you're under the limit and past the wait

    Add up the property that passes through the estate and check it against the $100,000 ceiling. Gross value of the entire probate estate, wherever located, less liens and encumbrances. Statutory text (§ 72-3-1101(1)(a)): "the value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000." Critical nuance: the cap is measured against the whole probate estate, including Montana and out-of-state real property, even though the affidavit itself can only transfer personal property. Non-probate assets (joint tenancy with right of survivorship, POD/TOD accounts, beneficiary-designated life insurance and retirement accounts, TOD deeds under §§ 72-6-401 et seq., TOD vehicle titles under § 61-3-226, trust assets) are not part of the probate estate and are excluded from the computation.

  2. 2

    Gather the documents

    You'll need certified copies of the death certificate: order at least three, since institutions often keep one: plus account numbers, the vehicle title or VIN, and the names and addresses of every heir.

  3. 3

    Complete the affidavit

    Fill in Collection of Personal Property by Affidavit (Small Estate Affidavit), Mont. Code Ann. § 72-3-1101. Montana's UPC-based out-of-court affidavit. Montana separately provides a court-supervised Summary Administration Procedure for Small Estates under §§ 72-3-1103 and 72-3-1104., listing the decedent, the heirs and their relationships, the assets and their values, and the known debts.

  4. 4

    Sign it in front of a notary

    Sign in front of a notary public. Banks, credit unions and shipping stores all offer notarization, usually for a small fee.

  5. 5

    Present it to whoever holds the property

    Mandate: § 72-3-1101(1) is directed at 'a person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent', on presentation of the conforming affidavit that person shall make payment of the indebtedness or deliver the property to the successor. § 72-3-1101(3) separately provides that a transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor on presentation of the affidavit. § 72-3-1101(2) authorizes (permissive, not mandatory) the Department of Revenue to refund unclaimed property of $5,000 or less to a successor regardless of estate value. Safe harbor: § 72-3-1102(1): the person paying, delivering, transferring, or issuing personal property or the evidence of personal property pursuant to the affidavit 'is discharged and released to the same extent as if the person dealt with a personal representative of the decedent,' and is not required to inquire into the truth of any statement in the affidavit or to see to the application of the property. This is a strong, unconditional discharge and is the argument to give a reluctant bank. Enforcement: § 72-3-1102(2): if the holder refuses to pay, deliver, transfer, or issue after presentation of the affidavit, the person entitled may recover the property or compel its payment, delivery, transfer, or issuance in a proceeding brought for that purpose. Affiant's exposure: § 72-3-1102(3), the recipient remains answerable and accountable to any personal representative of the estate or to any other person having a superior right. For vehicles, the county treasurer / MVD acts under the parallel affidavit in § 61-3-222.

Where to take the signed affidavit

The bank

Mandate: § 72-3-1101(1) is directed at 'a person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent', on presentation of the conforming affidavit that person shall make payment of the indebtedness or deliver the property to the successor. § 72-3-1101(3) separately provides that a transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor on presentation of the affidavit. § 72-3-1101(2) authorizes (permissive, not mandatory) the Department of Revenue to refund unclaimed property of $5,000 or less to a successor regardless of estate value. Safe harbor: § 72-3-1102(1): the person paying, delivering, transferring, or issuing personal property or the evidence of personal property pursuant to the affidavit 'is discharged and released to the same extent as if the person dealt with a personal representative of the decedent,' and is not required to inquire into the truth of any statement in the affidavit or to see to the application of the property. This is a strong, unconditional discharge and is the argument to give a reluctant bank. Enforcement: § 72-3-1102(2): if the holder refuses to pay, deliver, transfer, or issue after presentation of the affidavit, the person entitled may recover the property or compel its payment, delivery, transfer, or issuance in a proceeding brought for that purpose. Affiant's exposure: § 72-3-1102(3), the recipient remains answerable and accountable to any personal representative of the estate or to any other person having a superior right. For vehicles, the county treasurer / MVD acts under the parallel affidavit in § 61-3-222.

The DMV

Separate statute and separate affidavit, but the same dollar threshold. Mont. Code Ann. § 61-3-222 ('Surviving spouse or heir -- small estates') governs retitling a decedent's vehicle. It expressly incorporates the § 72-3-1101 cap by reference: the value of the estate including the vehicles sought, less liens, may not exceed 'the limit set forth in 72-3-1101' (currently $100,000), and additionally requires that the decedent left no other property requiring letters of administration or letters testamentary, and that the vehicle was not disposed of by will. The claimant files an affidavit with the Department of Justice Motor Vehicle Division stating the fact of survivorship, the name and address of any other heirs, and any other facts the department determines necessary to entitle the claimant to the transfer. Filed through the county treasurer's office or an authorized agent. Statutory history: En. Sec. 11, Ch. 477, L. 2003; amd. Sec. 62, Ch. 542, L. 2005; amd. Sec. 22, Ch. 329, L. 2007. Form number: not verified. I could not reach dojmt.gov (Http 403) to confirm the current MVD form number, and I am deliberately not naming one rather than guessing; verify the current form directly with the MVD or a county treasurer before publishing a form number. Separate non-probate alternative: Mont. Code Ann. § 61-3-226 allows a lifetime TOD beneficiary designation on the certificate of title for a motor vehicle, camper, manufactured home, mobile home, or vessel, perfected by submitting it with the title application; after death the beneficiary presents proof of death and ID to the department, county treasurer, or authorized agent to get a replacement title or effect transfer under § 61-3-220. No dollar cap. History: En. Sec. 1, Ch. 130, L. 2021; amd. Sec. 1, Ch. 320, L. 2023; amd. Sec. 13, Ch. 47, L. 2025.

The employer

Final wages and accrued leave can usually be claimed with the same affidavit. Ask their payroll department what they need, most have a standard process.

Debts and your personal liability

The § 72-3-1101 affidavit does not require the affiant to schedule, list, notify, or pay creditors, and there is no creditor-notice or publication step. That is the core simplification versus probate. But liability follows the property in three ways. (1) § 72-3-1102(3): the person to whom payment, delivery, transfer, or issuance is made 'is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right': so the affiant is personally exposed if probate is later opened, if a will surfaces, or if another successor has a better claim. (2) § 72-3-911(3): successors take subject to all charges incident to administration, including creditors' claims and the allowances of a surviving spouse and dependent children, and subject to abatement, retainer, advancement, and ademption. (3) § 72-3-1012 and § 72-3-1013 govern the liability of distributees to claimants and the limitation period on actions against distributees. Practical rule for consumers: the $100,000 test is net of liens and encumbrances, but collecting under the affidavit does not extinguish the decedent's unsecured debts, and an affiant who distributes to himself and leaves creditors unpaid can be pursued. False statements in the affidavit expose the affiant to perjury/unsworn-falsification liability. Note also that the estate must actually be solvent enough that no one will seek appointment of a personal representative, if anyone applies for appointment anywhere, § 72-3-1101(1)(c) is violated going forward.

When you can’t use it

Montana takes the affidavit route off the table when:

  • Fewer than 30 days have elapsed since the decedent's death. § 72-3-1101(1)(b).
  • The value of the probate estate, wherever located, less liens and encumbrances, exceeds $100,000. § 72-3-1101(1)(a). Real property counts toward this cap even though it cannot be transferred by the affidavit.
  • An application or petition for the appointment of a personal representative is pending, or has been granted, in any jurisdiction. § 72-3-1101(1)(c). This is jurisdiction-agnostic: an informal or formal probate opened in another state disqualifies the Montana affidavit.
  • The affiant is not a person entitled to payment or delivery of the property. § 72-3-1101(1)(d) (claiming successor must be entitled).
  • The asset is real property (land, or a manufactured/mobile home that has been declared an improvement to real property). § 72-3-1101 reaches only 'tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action.' Real property requires probate, a recorded TOD deed, or survivorship.
  • Practical (non-statutory) disqualifier: a contest among heirs, an unlocated or contested will, a minor or incapacitated successor, or a solvent-estate creditor dispute, because § 72-3-1102(3) leaves the recipient personally accountable, institutions frequently refuse the affidavit and formal probate becomes necessary.
  • Practical (non-statutory) disqualifier: many banks, brokerages, and transfer agents impose their own internal ceilings or demand a certified death certificate plus their own form; § 72-3-1102(2) gives the successor a right of action to compel, but that requires suit.

If any of those apply, a probate attorney is the right call. A typical small-estate proceeding runs $1,000–$3,000 plus the court’s fee.

Montana small estate affidavit FAQ

Statute and sources

Last verified July 29, 2026. Most recent amendment to the threshold: § 72-3-1101 was amended by Sec. 1, Ch. 453, L. 2023, the last entry in the section's official History note, which reads in full: 'En. 91A-3-1201 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1201; amd. Sec. 1, Ch. 124, L. 1981; amd. Sec. 1, Ch. 337, L. 1999; amd. Sec. 1, Ch. 197, L. 2005; amd. Sec. 1, Ch. 41, L. 2013; amd. Sec. 1, Ch. 453, L. 2023.' The $100,000 figure now in force is the post-2023 figure and is confirmed against the current (2025 edition) official MCA text. I was not able to verify the PRE-2023 dollar figure or the precise effective date of Ch. 453, L. 2023: the Montana session-law and bill-explorer endpoints returned 404/403/JS-only pages, archived MCA editions were unreachable, and my web-search budget was exhausted. I am therefore deliberately not stating an old figure rather than guessing one. Montana's default rule is that an act without a contrary effective-date clause takes effect October 1 following passage (Mont. Code Ann. § 1-2-201), so October 1, 2023 is the likely but unverified effective date, verify before publishing any 'raised from $X to $Y on [date]' marketing or timeline copy. Other recent related activity: § 61-3-226 (vehicle transfer-on-death title) was enacted by Ch. 130, L. 2021 and amended by Sec. 1, Ch. 320, L. 2023 and Sec. 13, Ch. 47, L. 2025; the Uniform Real Property Transfer on Death Act (§§ 72-6-401 et seq.) was enacted by Ch. 313, L. 2019, which repealed the prior beneficiary-deed statute at former § 72-6-121. No amendment to § 72-3-1101 appears after Ch. 453, L. 2023 in the current MCA History note, so no 2024, 2025, or 2026 change to the threshold is reflected as of this research date (2026-07-29). Montana's legislature meets in regular session in odd-numbered years, so the 2025 session was the last opportunity to change this figure and it did not.

  • Mont. Code Ann. § 72-3-1101 (Collection of personal property by affidavit)
  • Mont. Code Ann. § 72-3-1102 (Effect of affidavit)
  • Mont. Code Ann. § 72-3-1103 (Small estates -- summary administration procedure)
  • Mont. Code Ann. § 72-3-1104 (Small estates -- closing by sworn statement of personal representative)
  • Mont. Code Ann. § 72-3-911 (Successors' rights if no administration)
  • Mont. Code Ann. § 72-3-904 (Distribution in kind -- evidence of title)
  • Mont. Code Ann. § 72-3-1001 (Formal proceedings terminating administration -- order of complete settlement)
  • Mont. Code Ann. § 61-3-222 (Surviving spouse or heir -- small estates; motor vehicle title)
  • Mont. Code Ann. § 61-3-226 (Certificate of title -- transfer on death)
  • Mont. Code Ann. §§ 72-6-401 et seq. (Uniform Real Property Transfer on Death Act)

What we're less sure about

  • PRE-2023 THRESHOLD AND EFFECTIVE DATE NOT VERIFIED. The current $100,000 is confirmed from primary text, but the prior figure and the exact effective date of Sec. 1, Ch. 453, L. 2023 could not be confirmed. Montana's session-law URLs returned 404, bills.legmt.gov is a JavaScript app that WebFetch cannot render, law.justia.com and legiscan returned 403, and the web-search budget for this session was exhausted. Do not publish a 'raised from $X' claim until verified. Likely effective October 1, 2023 under the default rule in Mont. Code Ann. § 1-2-201, but treat as unverified.
  • VERBATIM SUBSECTION LETTERING PARTIALLY INFERRED. The MCA page was read through a summarizing fetch layer that would not reproduce the section word for word. Subsection assignments (1)(a) value, (1)(b) 30 days, (1)(c) no pending/granted PR appointment, (1)(d) claimant entitled, (2) Department of Revenue $5,000 unclaimed property, (3) transfer agent) were returned by targeted query against the official page and are reliable, but the exact internal clause lettering and any trailing subsections should be re-read verbatim before they are quoted in a customer-facing document or printed on a generated affidavit.
  • NOTARIZATION IS IMPLIED, NOT EXPRESSLY COMMANDED. Section 72-3-1101 requires an 'affidavit,' which under Montana law means a sworn or affirmed written statement; the section contains no express notary clause and no witness requirement. Every Montana bank, credit union, brokerage, transfer agent, and county treasurer should be expected to demand notarization plus a certified death certificate as a practical matter, so generated documents should include a Montana notarial jurat. Flagged because the requirement rests on the meaning of 'affidavit' rather than on an express statutory sentence.
  • MVD FORM NUMBER UNKNOWN. dojmt.gov returned HTTP 403 and could not be read. Mont. Code Ann. § 61-3-222 requires an affidavit but does not name a form. Commonly circulated MV-series form numbers were deliberately omitted rather than guessed. Confirm the current form with the Montana Motor Vehicle Division or a county treasurer before publishing.
  • NO OFFICIAL STATE FORM CONFIRMED FOR § 72-3-1101. courts.mt.gov/Forms/selfhelp/ returned 404 and the self-help landing page did not enumerate probate forms. The conclusion that Montana publishes no official small-estate affidavit form is based on the absence of any such form in the material reached, not on a positive statement by the Judicial Branch. A follow-up check of courts.mt.gov/Forms and the Montana State Law Library self-help program is warranted.
  • WHETHER A WILL MUST BE LODGED FIRST. Section 72-3-1101 imposes no will-filing precondition, but Montana's custodian-of-will delivery duty (cited here as Mont. Code Ann. § 72-3-121) was NOT read in primary text this session; the section number should be confirmed before it is cited to a customer. The substantive point. That a will should still be lodged with the district court and that the entitlement recital must track the will's terms where a will exists, is sound regardless.
  • INTERACTION WITH THE $5,000 DEPARTMENT OF REVENUE CARVE-OUT. Section 72-3-1101(2) is permissive ('may refund') and applies 'regardless of the value of the estate,' but whether the 30-day recital in (1)(b) is a precondition to that refund was not resolvable from the summarized text. Treat 30 days as required for safety.
  • SUMMARY ADMINISTRATION THRESHOLD IS FORMULA-BASED, NOT DOLLAR-BASED. Sections 72-3-1103/1104 use a needs-based test (homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and last-illness medical and hospital expenses). The current dollar values of Montana's homestead allowance, exempt property, and family allowance (Title 72, ch. 2, pt. 4) were NOT researched this session and are required to compute eligibility for that track.

Kinclaim is not a law firm and does not provide legal advice. We provide self-help software and statutory forms.