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Small Estate Procedures · Montana

Montana's $100,000 small-estate affidavit: personal property after 30 days

Montana allows a successor to collect personal property by affidavit after 30 days when the probate estate, less liens and encumbrances, does not exceed $100,000 and no personal representative is pending or appointed.

Editorial review draft · Not certified for publication

Use the whole net probate estate for the value statement, not just the property presented to one holder. The affidavit is limited to personal property and securities.

Check eligibility before signing

  • At least 30 days have passed.
  • Net probate estate value is $100,000 or less.
  • No personal representative is pending or appointed.
  • The claimant is a successor entitled to the property.

Gather the required documents

  • Mont. Code 72-3-1101 successor affidavit
  • Certified death certificate
  • Asset values and lien information
  • Proof of identity and successor entitlement
  • Account, vehicle, or securities transfer papers

Follow the state procedure

Deliver the affidavit to the debtor or holder. A securities registrar may rely on the related statute to transfer or register qualifying securities without letters.

Know which property the shortcut reaches

The direct affidavit collects personal property and debts owed to the decedent. Montana real estate requires probate or another valid title mechanism, including a transfer-on-death deed recorded during life when applicable.

Understand the recipient's responsibility

The collecting successor is answerable to a later personal representative and superior claimants. The holder's statutory protection does not excuse a false affidavit or wrongful distribution.

Use another route when these facts apply

  • Net probate value exceeds $100,000.
  • Real property needs transfer.
  • A representative is pending or appointed.
  • Entitlement or creditor rights are disputed.

Sources & methodology

Sources and current rules
Current rule$100,000 net probate estate; personal property after 30 daysMont. Code Ann. § 72-3-1101 · current

Methodology & sources

Mont. Code Ann. § 72-3-1101 supplies the headline rule and its stated conditions.

Editorial review draft. The source record supporting the ceiling is listed above when one is available. The procedural questions identified in the article are not yet certified.

This page is educational and is not legal advice. Whether the affidavit procedure is right for a particular estate — and what liability the signer takes on — turns on facts a general page cannot resolve, including debts that have not surfaced yet. Confirm your own situation with an attorney licensed in Montana.

Sources reviewed August 23, 2026.