Montana Small Estate Affidavit Form

• Maximum Amount: $100,000; the value of the probate estate, wherever located, less liens and encumbrances.^[1]
• Signing Requirements: Sworn before a notary public.^[2]
• Where to File: Not filed with the court, presented directly to the person or institution holding the asset.^[3]
• When to File: 30 days after death.^[4]
• Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).^[5]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse receives the entire estate. Montana guarantees the spouse a first share of at least $150,000, which is more than the $100,000 small estate limit.^[6]
• No Spouse, Children: If there is no surviving spouse, the estate passes to the decedent’s descendants, with a deceased child’s share passing to that child’s descendants.^[7]

Step 1 – Wait 30 Days

At least 30 days must pass after the decedent’s death before the affidavit may be used.^[8]

Step 2 – Confirm the Estate Qualifies

The probate estate (less liens and encumbrances) must be $100,000 or less, the assets must be personal property, and no personal representative may be pending or appointed in any jurisdiction.^[9]

Step 3 – Complete the Affidavit

Complete the Montana Judicial Branch Affidavit for Collection of Personal Property, stating the value limit, that 30 days have passed, that no probate is pending, and that the affiant is entitled to the property.^[10]

Step 4 – Sign Before a Notary

Sign the affidavit before a notary public.^[11]

Step 5 – Present the Affidavit to the Asset Holder

Present the affidavit, with a copy of the death certificate, to the bank, transfer agent, or other holder of the property to obtain payment or transfer.^[12]