Montana Small Estate Affidavit

Under MCA 72-3-1101, if a decedent's entire estate in Montana is valued at $50,000 or less, heirs can use a small estate affidavit to claim assets without going through probate court. This simplified process allows successors to collect bank accounts, vehicles, and other personal property by presenting a sworn affidavit to the institution holding the assets.

The affidavit must be filed at least 30 days after the decedent's death. This waiting period ensures that creditors and other interested parties have time to come forward. Once the 30 days have passed and no probate proceeding has been filed, the successor can prepare the affidavit, have it notarized, and present it directly to banks, title companies, or anyone holding the decedent's property.

The small estate affidavit is one of the simplest tools in Montana estate law. It eliminates the need for court filings, attorney fees, and the months-long timeline associated with formal probate. For qualifying estates, it's the fastest way to transfer assets to the people who need them — often in a matter of days rather than months.

Only assets titled solely in the decedent's name count toward the $50,000 threshold. This includes bank accounts held in the decedent's name alone, vehicles titled only to the decedent, and personal property such as furniture, jewelry, and equipment owned by the decedent individually.

Several common asset types are excluded from the $50,000 calculation. Jointly-held property with right of survivorship passes automatically to the surviving owner. Assets with named beneficiary designations — such as life insurance policies, retirement accounts (401(k), IRA), and payable-on-death (POD) bank accounts — transfer directly to the named beneficiary outside of probate and are not counted toward the limit.

Even if your estate qualifies for a small estate affidavit today, that may not be the case when you pass away. Assets grow over time. Property values increase. A home you purchased for $40,000 may be worth well over $50,000 by the time your family needs to settle your estate — pushing it past the small estate threshold and into formal probate.

Without a will, your assets follow Montana's intestacy laws — and the results often surprise families. Your spouse may not receive everything. Your children may inherit in proportions you never intended. And the probate court, not your family, decides who manages the process.

A $199 Essential package from Montana Will & Trust prevents your family from dealing with any of this. It includes a last will and testament, durable power of attorney, advance healthcare directive, and more — all reviewed by Montana attorneys and notarized remotely. No matter the size of your estate, your wishes are documented and legally enforceable.