Montana Small Estate Affidavit: $100,000 Limit, Wait Time and Form

Montana lets a successor collect a deceased person's personal property with an affidavit, without going to court, when the probate estate is worth no more than $100,000 after liens and encumbrances. Under Montana Code Annotated (MCA) 72-3-1101, the affidavit can be used once 30 days have passed since the death.

The affidavit covers things like bank accounts, paychecks, belongings and stock. It cannot be used for land, a house or a building. For an estate that needs more, Montana has a court-supervised small estate summary administration. For how other states compare, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Montana's collection of personal property by affidavit (MCA 72-3-1101 and 72-3-1102), small estate summary administration (MCA 72-3-1103 and 72-3-1104), vehicle transfers on MVD form MV12, and Department of Revenue unclaimed property heirship claims, under the 2025 MCA. It does not cover full probate administration, who inherits under Montana intestacy rules, estate tax, or the law of any other state.

When you can use a Montana small estate affidavit

MCA 72-3-1101 lets a successor collect personal property by presenting an affidavit to whoever holds it or owes the money. The affidavit must state:

1. The value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000.
2. Thirty days have elapsed since the death.
3. No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.
4. The person claiming is entitled to payment or delivery of the property.

Every one of these has to be true. If a personal representative has already been appointed anywhere, the affidavit is no longer available.

Montana's two small estate procedures compared

The two tests are different. The affidavit uses a flat $100,000 cap. Summary administration uses a list of allowances and expenses with no single overall dollar cap in the statute. The court's small estate packet describes it loosely as an estate "roughly $100,000 or less after all expenses have been paid," but the statute's allowance test is what controls.

What counts toward the $100,000 limit

Only the probate estate counts, and you subtract liens and encumbrances. The test covers the estate wherever located, so property in another state counts.

Assets that pass outside probate do not count. The Montana courts' small estate packet explains: "Property that passes automatically under a contract such as life insurance policy or bank account is not included in the probate estate." A bank account with a payable-on-death beneficiary is a common example of property that passes this way.

The $100,000 figure is not indexed for inflation. The statute's history shows its most recent amendment in Chapter 453, Laws of 2023, and the 2025 MCA still shows $100,000.

The 30-day waiting period

Under MCA 72-3-1101, a holder must pay or deliver on the affidavit "thirty days after the death of a decedent."

Who can sign the affidavit

The affidavit is made "by or on behalf of the successor." MCA 72-1-103 defines successors as "persons, other than creditors, who are entitled to property of a decedent under the decedent's will or chapters 1 through 5." That means:

• People who inherit under the will, or under Montana's intestacy rules if there is no will, can use the affidavit.
• Creditors cannot, because the definition of successor excludes them.

How to use the affidavit, step by step

1. Wait 30 days after the death.
2. Confirm the estate is within the cap. Total the probate estate, wherever located, and subtract liens and encumbrances. The result must be $100,000 or less.
3. Check that no personal representative has been sought or appointed in any jurisdiction.
4. Get the official form. Montana Courts list the "Affidavit for Collection of Personal Property of Decedent" and an "Affidavit for Collection of Personal Property Packet" with instructions on the end-of-life forms page.
5. Sign in front of a notary. The court's instruction packet says: "Sign and date the Affidavit in front of a notary public." The statute itself does not mention a notary, but the court's official instructions call for one.
6. Give a copy to each holder. The packet says to give each current property holder a copy of the signed affidavit. It also suggests having a copy of the death certificate, because holders may ask for one.

Nothing is filed with a court. The affidavit goes directly to each holder.

What the affidavit covers and what it does not

The statute reaches anyone "indebted to the decedent or having possession of tangible personal property" or an instrument evidencing a debt, obligation, stock or chose in action. A transfer agent must change the registered ownership of a security to the successor when presented with the affidavit.

The court's packet puts it in plain terms: "Personal property includes financial things like bank accounts and paychecks, as well as furniture and other physical objects."

Real property is not covered

The affidavit cannot transfer real estate. The court's packet is direct: "Personal property is NOT land, a house, or a building. You cannot use the Affidavit to collect land, a house, or a building."

Real property can be reached through small estate summary administration (below), because a court-appointed personal representative can distribute the whole estate, or through regular probate. Our Montana probate page explains the full process, and Montana property records covers how to look up how a property is titled.

Vehicles

The Montana Motor Vehicle Division uses form MV12, Application for Title by Non-Probate Transfer (rev. 2/25). The form states that it "is used when no executor or administrator is appointed, provided the value of the decedent's entire estate ... does not exceed $100,000 (72-3-1101, MCA)." On this form, the vehicle itself counts in the entire estate, less liens.

Key points from the form:

• It is mailed to the MVD.
• It rests on MCA 61-3-222, which also covers trailers, campers, boats and snowmobiles.
• It cannot be used if the decedent left the vehicle by will to someone else.
• The signer certifies that the deceased left no estate needing administration, that no letters of administration or letters testamentary have been issued, and that the signer's right to the vehicle is superior to anyone else surviving the deceased (MCA 61-3-222).
• The title fee is $12.36 for light vehicles, trucks and buses under one ton, and $10.30 for other vehicles.
• The signer certifies the statements under penalty of MCA 45-7-203.
• Manufactured homes are handled by the county of residence, not this form.

Final paycheck

The court's packet lists paychecks as personal property that can be collected with the affidavit, within the $100,000 cap. This article does not cover whether any separate Montana rule lets an employer pay a deceased worker's wages directly to family.

Unclaimed property

Montana's Department of Revenue handles unclaimed property, and the small estate statute has its own rule for it. Under MCA 72-3-1101(2), the department may refund unclaimed property to a successor if the amount is $5,000 or less, regardless of how large the estate is.

The department's heirship claims page adds: "An estate is required for the sole purpose of distributing the unclaimed property if the total value of the decedent's property subject to administration is $100,000 or more." Heirship claims are filed through the department's TAP system, and the claim packet includes an Affidavit of Heirship and a Decedent Family History. For searching, see Montana unclaimed property.

Liability and false affidavits

MCA 72-3-1102 protects the holder. A bank or other holder that pays on the affidavit "is discharged and released to the same extent as if the person dealt with a personal representative of the decedent." It is not required to look into whether the affidavit is true.

The person who receives the property carries the risk. Under the same section, a person who receives property on the affidavit is answerable and accountable for it to any personal representative of the estate or to any other person having a superior right. The section sets no time limit on that. If you collect property that belongs to someone else, you can be made to account for it.

If the person who died received Montana Medicaid, MCA 53-6-167 lets the state health department present a claim against a person who received the decedent's property by distribution or survival, up to the lesser of the recoverable Medicaid paid or the value received.

Watch out: The court's packet warns that "Some property holders may ask you to sign a contract saying the holder is not responsible if it is wrong to give you the property." If you sign such a contract, you could later be required to pay if the holder turns out to have been wrong.

A knowingly false sworn statement can be a crime. Montana's false swearing offense, MCA 45-7-202, applies in limited situations, such as a statement made to mislead a public official or one the law requires to be sworn before a notary, and carries a fine of up to $500, up to 6 months in the county jail, or both. The MV12 vehicle form separately cites MCA 45-7-203.

If a holder refuses to pay

Under MCA 72-3-1102, the property "may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding." The court's packet advises talking with the holder first and notes that a lawsuit may be needed if that fails.

Small estate summary administration

Summary administration under MCA 72-3-1103 is a court procedure, not an affidavit. A personal representative is appointed and works from the inventory and appraisal. If the entire estate, less liens and encumbrances, does not exceed the following total, the personal representative may distribute it immediately without giving notice to creditors:

• Homestead allowance of $22,500 (MCA 72-2-412), for a surviving spouse or, if none, minor and dependent children
• Exempt property up to $15,000 (MCA 72-2-413), for a surviving spouse or, if none, the children
• A reasonable family allowance (MCA 72-2-414), for a surviving spouse and minor or dependent children
• Costs and expenses of administration
• Reasonable funeral expenses
• Reasonable and necessary medical and hospital expenses of the last illness

If there is no surviving spouse and no qualifying children, these allowances do not apply, and the estate fits this test only if it does not exceed the administration, funeral and last-illness expenses.

According to the court's "How to Administer a Small Estate" packet:

• The person must have died at least five days before the estate is opened.
• The packet is for a decedent who was a Montana resident, with forms filed within three years of the death.
• People can serve as personal representative in a priority order. The last category is anyone the decedent owed money to, if at least 45 days have passed since the death.

To close the estate, the personal representative files a verified statement with the court under MCA 72-3-1104 and sends a copy to all distributees and to all creditors or other claimants the personal representative knows of. If no proceedings involving the personal representative are pending one year after the closing statement is filed, the appointment ends.

We did not locate the court filing fee for summary administration. The court clerk in the county where the person lived can tell you the current fee.

When to open probate instead

The affidavit is available only when every condition in MCA 72-3-1101 is met. Consider summary administration or regular probate when:

• The probate estate is worth more than $100,000 after liens and encumbrances
• The estate includes land, a house or a building
• A personal representative has already been sought or appointed anywhere
• A holder refuses to honor the affidavit

See Montana probate for the full process and how probate works for the national picture.

Related

• Small estate affidavit rules by state
• Montana probate process
• Montana unclaimed property
• Montana property records
• Idaho small estate affidavit
• Wyoming small estate affidavit

Disclaimer: This article provides general legal information about Montana's small estate procedures under MCA Title 72, Chapter 3, Part 11 (2025 MCA), verified on 2026-10-07. It is not legal advice. For help with a specific estate, contact the court clerk in the county where the person lived, a legal aid office, or a lawyer licensed in Montana.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small estate limit in Montana?

Under MCA 72-3-1101, the probate estate, wherever located, less liens and encumbrances, must not exceed $100,000. Property that passes automatically, such as life insurance, is not part of the probate estate.

How long after death can I use a small estate affidavit in Montana?

Thirty days. MCA 72-3-1101 requires holders to pay or deliver on the affidavit 30 days after the death, and the affidavit must state that 30 days have elapsed.

Does a Montana small estate affidavit need to be filed with the court?

No. The affidavit goes directly to each holder of the property. The Montana courts' instructions say to sign it in front of a notary public and give each holder a copy.

Can I transfer a house with a small estate affidavit in Montana?

No. The court's instruction packet says you cannot use the affidavit to collect land, a house or a building. Real property needs summary administration under MCA 72-3-1103 or regular probate.

Where do I get the Montana small estate affidavit form?

Montana Courts list the Affidavit for Collection of Personal Property of Decedent, with an instruction packet, on their end-of-life forms page at courts.mt.gov.

How do I transfer a car title in Montana without probate?

Use MVD form MV12, Application for Title by Non-Probate Transfer, when no executor or administrator is appointed, the deceased left no other property needing probate, and the entire estate, less liens, is $100,000 or less. The title fee is $12.36 for light vehicles and $10.30 for other vehicles.

Can I claim a deceased relative's unclaimed property in Montana without probate?

Under MCA 72-3-1101(2), the Department of Revenue may refund unclaimed property of $5,000 or less to a successor regardless of the estate's size. The department says an estate is required to distribute unclaimed property when the property subject to administration is $100,000 or more.

What happens if I sign a false small estate affidavit in Montana?

You remain answerable to a personal representative or anyone with a superior right to the property (MCA 72-3-1102). A knowingly false sworn statement can also be prosecuted as false swearing under MCA 45-7-202 in the situations that statute covers, with a fine of up to $500, up to 6 months in county jail, or both.