Montana Small Estate Affidavit: How to Skip Probate for Estates Under $50,000

Who Qualifies

Montana's small estate affidavit procedure (MCA 72-3-1101) is available when all four of the following conditions are met:

• At least 30 days have elapsed since the date of death
• The gross value of all personal property in the estate does not exceed $50,000 — measured before subtracting any debts
• No probate proceeding is pending or has been commenced in any state
• You are an heir or successor entitled to the property under the will or by intestacy under Montana law

All four requirements must be satisfied. If probate has already been opened — even informally — the affidavit procedure is no longer available.

What the Affidavit Must Include

Montana does not prescribe a single mandatory form, but any valid small estate affidavit must contain the following elements:

• The affiant's full name, address, and relationship to the decedent
• The decedent's full legal name and date of death
• A statement that at least 30 days have elapsed since the date of death
• A statement that no probate proceeding is pending or has been commenced in any state
• A statement that the gross value of the decedent's personal property does not exceed $50,000
• A statement that the affiant is entitled to the property as a successor (under the will, or by intestacy if no will)
• A description of the specific property or account being claimed

The affidavit must be signed under oath before a notary public. Many banks and financial institutions have their own internal affidavit form — always check with the specific institution before drafting your own, as using the institution's form often speeds up the process.

How to Present the Affidavit

Follow these steps to collect personal property using the affidavit:

1. Have the affidavit notarized. Sign it in front of a licensed notary public. Do not sign in advance — the notary must witness your signature.
2. Obtain a certified copy of the death certificate. Order certified copies from the Montana Department of Public Health and Human Services or the county clerk where the death occurred. Expect to need at least two to three copies for different institutions.
3. Gather supporting documents. Bring a copy of the will (if one exists), your government-issued photo ID, and any account statements or documentation that identifies the specific assets you are claiming.
4. Present the package to the institution — the signed and notarized affidavit, the certified death certificate, your photo ID, and (if requested) a copy of the will. Many banks will also ask for their own internal form to be completed alongside your affidavit.
5. Receive the funds or asset transfer. Under MCA 72-3-1101, the institution is legally required to comply once you present a proper affidavit. If an institution refuses without a valid legal reason, it may be held liable for any losses you suffer as a result of the refusal.

What the Small Estate Affidavit Does Not Cover

• Real estate: Montana's small estate affidavit applies only to personal property. Real estate — regardless of its value — must go through a probate proceeding to transfer title. There is no Montana equivalent to Arizona's real property affidavit.
• Estates over $50,000: If the gross value of all personal property titled in the decedent's name alone exceeds $50,000, the affidavit is not available. The estate must go through informal or formal probate.
• Creditor obligations: Using the affidavit does not eliminate the decedent's debts. Any heir who collects assets via affidavit may be personally liable to creditors up to the value of the assets received. Pay known creditors before distributing to yourself or other heirs.
• Named beneficiary accounts: IRAs, 401(k)s, life insurance policies, and accounts with a payable-on-death (POD) or transfer-on-death (TOD) designation pass directly to the named beneficiary. They are not part of the probate estate and do not count toward the $50,000 threshold — and they do not need the affidavit.
• Joint accounts with right of survivorship: These pass automatically to the surviving joint account holder by operation of law and are not counted toward the threshold.

Threshold Examples

A Note on Vehicles

Vehicles are technically personal property and can fall within the $50,000 threshold. However, the Montana Motor Vehicle Division (MVD) may have a separate process for transferring vehicle titles to an heir. Contact your county clerk or the MVD before relying solely on the small estate affidavit to transfer a vehicle title — you may need to complete a separate MVD form in addition to the affidavit.

More Montana Probate Guides

• Montana Informal Probate: How to Open an Estate Without a Court Hearing
• Montana Probate Timeline: Key Deadlines for Personal Representatives