Montana Small Estate Affidavit Explained

Montana offers a no-court affidavit for smaller estates and, separately, a lighter court option for estates that are already open. The affidavit’s dollar limit changed in 2023, so older guides and forms may show the wrong figure.

What is the affidavit threshold?

Under MCA 72-3-1101, a successor can collect a decedent’s property by affidavit when the value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000. The statute’s history shows the section was amended by Chapter 453 of the Laws of 2023, and the legislature’s 2023 bill (Senate Bill 286) was titled as increasing the figure to $100,000. Some older state forms and guides still print $50,000. An earlier version of this page gave $50,000, and that has been corrected.

What else must be true?

At least 30 days must have passed since the death, no application or petition to appoint a personal representative can be pending or granted in any jurisdiction, and the person claiming must be the successor entitled to the property. The affidavit is presented to whoever holds the property, such as a bank. A transfer agent for securities must change the registered owner on presentation of the affidavit. No court filing is required.

What doesn’t count toward the limit?

Property that passes outside probate, such as life insurance and retirement accounts with named beneficiaries, and jointly owned property with a right of survivorship, is not part of the probate estate.

Is there a filing deadline?

We found none. An earlier version of this page said the affidavit must be used within three years of the death or the option expires. The statute text we read contains no such deadline, and none of the guides we checked mention one, so that claim was removed. If it has been years since the death, ask the holder what it requires.

Is there a rule for unclaimed property?

Yes. The statute lets the Department of Revenue refund unclaimed property to a successor if its value is $5,000 or less, regardless of the size of the estate.

What about summary administration?

Montana also has a summary administration procedure (MCA 72-3-1103 and 72-3-1104). It is different from the affidavit: it applies to an estate that is already open with a personal representative, who closes it with a sworn statement. Nolo reports that its value test is tied to Montana’s homestead allowance and related allowances, not to a $100,000 figure. An earlier version of this page described summary administration as for estates of $100,000 or less, which we could not support. We did not read the formula.

How are vehicles transferred?

Through a separate application to the Montana Department of Justice Motor Vehicle Division. The Montana legal aid packet we read names it the Application for Title of a Vehicle by Right of Survivorship (Form MV12); confirm the current form with the Division.

What should I do next?

Add up the probate property, subtract liens and mortgages, and compare the result with $100,000. Wait 30 days, make sure no one has asked to be appointed personal representative, and ask each holder what it needs with the affidavit.

Add this to your Final Day Plan: a rough total of your personal property, leaving out retirement accounts and life insurance with named beneficiaries - that’s the figure your family would check against Montana’s $100,000 threshold.

Montana law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult a Montana-licensed attorney for guidance specific to your situation.