Free Montana Small Estate Affidavit

Prepare the Montana small estate affidavit for estates up to $100,000, plus presentation letters for each holder. MCA 72-3-1101, 72-3-1102.

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Your Information

The Montana affidavit identifies the claiming successor and the basis of entitlement.

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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Frequently Asked Questions About Montana Small Estate Affidavits

Montana publishes Affidavit for Collection of Personal Property (print form); the affidavit this tool prepares is drafted to the same statutory requirements, per MCA 72-3-1101(1)(a)-(d).

$100,000, per MCA 72-3-1101, 72-3-1102. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

30 days after the death (MCA 72-3-1101, 72-3-1102). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

A person claiming to be the successor of the decedent — the affidavit is 'made by or on behalf of the successor' — 30 days after the decedent's death. MCA 72-3-1101(1).

The person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent; the court packet advises giving each holder a copy of the signed affidavit and, as practice, a copy of the death certificate. A transfer agent of a security must change registered ownership on presentation of the affidavit.

The Montana affidavit is signed before a notary (MCA 72-3-1101(1) ("affidavit"); courts.mt.gov Affidavit for Collection of Personal Property (notary jurat)).

A person paying, delivering, transferring, or issuing property pursuant to the affidavit is discharged and released to the same extent as if dealing with a personal representative, with no duty to inquire into the truth of any statement; refusal may be compelled in a proceeding by or on behalf of the persons entitled. The recipient is answerable and accountable to any personal representative or other person having a superior right (MCA 72-3-1102).

The affidavit reaches only personal property: indebtedness, tangible personal property, and instruments evidencing a debt, obligation, stock, or chose in action. The $100,000 cap measures the probate estate wherever located, less liens and encumbrances — so real property value counts toward the cap even though the affidavit cannot collect it. The court packet states: "Personal property is NOT land, a house, or a building. You cannot use the Affidavit to collect land, a house, or a building." MCA 72-3-1101(1).

Small Estate Collection in Montana

Montana has no statewide affidavit form; MCA 72-3-1101(1)(a)-(d) sets what the affidavit must state, and the successor prepares the affidavit to those requirements. It collects the decedent's property without opening probate.

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $100,000, per MCA 72-3-1101, 72-3-1102. The affidavit can be signed 30 days after the death.

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Frequently Asked Questions About Montana Small Estate Affidavits

Montana publishes Affidavit for Collection of Personal Property (print form); the affidavit this tool prepares is drafted to the same statutory requirements, per MCA 72-3-1101(1)(a)-(d).

$100,000, per MCA 72-3-1101, 72-3-1102. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

30 days after the death (MCA 72-3-1101, 72-3-1102). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

A person claiming to be the successor of the decedent — the affidavit is 'made by or on behalf of the successor' — 30 days after the decedent's death. MCA 72-3-1101(1).

The Montana affidavit is signed before a notary (MCA 72-3-1101(1) ("affidavit"); courts.mt.gov Affidavit for Collection of Personal Property (notary jurat)).

Small Estate Collection in Montana

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $100,000, per MCA 72-3-1101, 72-3-1102. The affidavit can be signed 30 days after the death.

Free Montana Small Estate Affidavit

Your Information

Frequently Asked Questions About Montana Small Estate Affidavits