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Small estate affidavit in Montana (2026)

In Montana, heirs can collect up to $100,000 without probate with a sworn affidavit (Affidavit for collection of personal property (MCA 72-3-1101)). You must wait 30 days after the death. Real estate: not covered. Last checked .

Montana at a glance

Affidavit cap
$100,000
Applies to
from 2023-10-01 (Ch. 453, L. 2023 has no effective-date section, so it took effect October 1 after its May 8, 2023 approval under MCA 1-2-201); the Act states no date-of-death rule
Value counted
Net value (after liens and encumbrances)
Waiting period
30 days
If there is a will
Can still be used
File with a court
No
Real estate
Not covered
Court shortcut
Summary administration for small estates (MCA 72-3-1103, 72-3-1104)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    Montana cap for this date of death

    $100,000

    A worked example for Montana

    Say a parent who lived in Montana died on March 1, 2026, leaving $80,000 in a bank account in their name only and no house. $80,000 is within the $100,000 cap for that date of death, so the family can use the affidavit from March 31, 2026.

    The rules in Montana

    • The affidavit. The successor gives a sworn affidavit to anyone owing the decedent money or holding personal property, who must pay or deliver it; transfer agents must re-register securities. It is not filed with a court.
    • Cap. The probate estate, after liens, must not exceed $100,000.
    • What counts. The probate estate wherever located, less liens and encumbrances.
    • What doesn't count. Liens and encumbrances. Non-probate property is outside the probate estate. The Department of Revenue may refund unclaimed property of $5,000 or less to a successor whatever the estate's size.
    • Earlier caps. $50,000: before 2023-10-01
    • Waiting period. 30 days after the death.
    • Conditions. No application or petition to appoint a personal representative may be pending or granted anywhere, and the claimant must be entitled to the property.
    • Who can sign. A person claiming to be the decedent's successor (or someone acting on the successor's behalf). The statute sets no priority order.
    • Court filing. Not filed with a court. It is notarized and given to the holder.

    Houses, land and vehicles

    • Real estate. The affidavit reaches personal property and debts owed to the decedent, not land, houses or buildings (Montana Legal Services packet). Real property needs probate.
    • Vehicles. When no executor or administrator is appointed, an heir titles a vehicle with the MVD's Application for Title by Non-Probate Transfer (Form MV12) if the entire estate, including the vehicle, less liens, is $100,000 or less; title fee $12.36 for light vehicles ($10.30 others).

    When the affidavit isn't enough

    Once a personal representative is appointed, if the inventory shows the estate (less liens) is no more than allowances, exempt property, administration, funeral and last-illness costs, the representative may distribute at once without notice to creditors and close by sworn statement. There is no fixed dollar cap.

    Good to know in Montana

    • Some Montana pages and forms still show the old $50,000 limit. The 2025 MCA says $100,000.
    • Whoever receives property is answerable to any personal representative or anyone with a superior right (MCA 72-3-1102).

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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