How Do I Claim a Deceased Person's Unclaimed Property in Montana?
In Montana, a deceased owner's unclaimed property is claimed from the Montana Department of Revenue, Unclaimed PropertyMont. Code Ann. Title 70, Chapter 9, Part 8 (Uniform Unclaimed Property Act); 70-9-815; 72-3-1101Verified Aug 24, 2026View source.
File the claim with the Montana Department of Revenue, Unclaimed PropertyMont. Code Ann. Title 70, Chapter 9, Part 8 (Uniform Unclaimed Property Act); 70-9-815; 72-3-1101Verified Aug 24, 2026View source. The search and the claim start at the office's site. An heir or estate claim includes a copy of the death certificate and, for an open estate, court-issued personal representative documents (Letters Testamentary or Letters of Administration)Heirship Claims (Montana Department of Revenue, Unclaimed Property)Verified Aug 24, 2026View source.
Heirs can claim without letters from a probate court through the Affidavit of Heirship, with a Decedent Family History (forms the Department sends in the claim packet), for an estate of under $100,000Heirship Claims (Montana Department of Revenue, Unclaimed Property)Verified Oct 26, 2026View source. The Department states that an estate is required for the sole purpose of distributing unclaimed property only when the decedent's property subject to administration totals $100,000 or more; under that, a court order is generally not requiredHeirship Claims (Montana Department of Revenue, Unclaimed Property)Verified Aug 24, 2026View source. The claim on that route includes: The Affidavit of Heirship the Department sends in the claim packet; The Decedent Family History, a form listing the deceased owner's relatives; The death certificate, an original or a photocopyHeirship Claims (Montana Department of Revenue, Unclaimed Property)Verified Oct 26, 2026View source.
With letters from a probate court, the claim is made by the personal representative of an open estateHeirship Claims (Montana Department of Revenue, Unclaimed Property)Verified Oct 26, 2026View source.
Every state where the person had an address can hold some of the property: the holding company reports it to the state of the owner's last-known address, and to its own home state where it has no address on record. MissingMoney.com searches most states at once. Insurance, savings bonds, pensions, refunds and failed-bank deposits sit in federal and national databases: the Treasury (TreasuryDirect), PBGC, the IRS, the FDIC, the NCUA, the NAIC Life Insurance Policy Locator and the VA.
A finder agreement made between the presumed abandonment and 24 months after the property reaches the state is void. A finder must hold a Montana private investigator license, may charge no more than 15 percent, and needs a written agreement signed by the ownerMont. Code Ann. 70-9-825; Admin. R. Mont. 42.38.310Verified Oct 26, 2026View source. The same property can be claimed directly through the state's own program, which charges no fee.
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Learn moreForms for Settling an Estate in Montana
Free forms for settling an estate in Montana: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Petition for Probate and Letters
In Montana, the petition asks the District Court to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; an informal (registrar) track is availableMCA § 72-3-201Verified Sep 8, 2026View source.
Notice to Creditors
In Montana, the notice to creditors is published for 3MCA §§ 72-3-801, 72-3-803, 72-3-804, 72-3-805, 72-3-807Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 4 monthsMCA §§ 72-3-801, 72-3-803Verified Sep 8, 2026View source from first publication to present claims.
Small Estate Affidavit
In Montana, the Collection of Personal Property by AffidavitMCA § 72-3-1101Verified Sep 8, 2026View source covers estates valued at $100,000MCA § 72-3-1101Verified Sep 8, 2026View source or less, 30 daysMCA § 72-3-1101Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Montana, the personal representative files the estate inventory within 270 daysMCA §§ 72-3-607, 72-3-609Verified Sep 15, 2026View source of appointment.
Estate Closing
In Montana, the personal representative is discharged automatically once the statutory period runsMCA § 72-3-1004(2), 72-3-1011Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
IRS Form 1310
Claim a refund due a deceased taxpayer on the official form, on the box the form routes you to, with what the form says to attach.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Affidavit of Death
In Montana, a surviving joint owner records the “Acknowledged statement that the holder of a nonprobate interest in real property is deceasedMont. Code Ann. § 7-4-2613(1)(c)Verified Oct 26, 2026View source”.
Tools for Settling an Estate in Montana
Free tools for settling an estate in Montana: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Much Can an Executor Charge?
Montana pays executors reasonable compensationMCA § 72-3-631 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
Can I Self-File Probate?
In Montana, informal probate is availableMCA § 72-3-201Verified Sep 8, 2026View source, and a self-represented executor can usually handle it for a simple, uncontested estate.
How Do I Get Letters Testamentary?
In Montana, the Clerk of the district court issues Letters Testamentary or Letters of Administration once the District Court appoints the personal representative; an informal (registrar) track is availableMCA § 72-3-201Verified Sep 8, 2026View source.
What Are the Creditor Claim Deadlines?
In Montana, creditors have 4 monthsMCA §§ 72-3-801, 72-3-803Verified Sep 8, 2026View source from first publication of the creditor notice to present claims; late claims are barred.
What Happens When an Estate Is Insolvent?
When an estate owes more than it holds, Montana pays the claims in 7MCA § 72-3-807Verified Sep 23, 2026View source classes in statutory order, beginning with costs and expenses of administration.
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In-depth guides covering Montana probate, estate administration, and settling an estate.