Montana Small Estate Affidavit

The Montana Small Estate Affidavit (for Collection of Personal Property of the Decedent) details critical information pertaining to a claim by an individual who qualifies under state law to receive part or all of the personal property that forms a deceased person’s estate. If the estate is valued in excess of $50,000, this form may not be used as it will subsequently not reflect the state law definition of a “small estate”, i.e. an estate valued at $50,000 or less.

Additional Considerations

Current Small Estate Affidavit laws are contained within the Montana Code Annotated 2017, specifically, Title 72, Chapter 3, Part 11, “Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates“.

These laws replaced the previous laws; Section  72-3-1101 the Montana Code Annotated 2015. As such, it is vital the current laws are referred to as the previous laws are no longer applicable.

Laws & Required Conditions

Laws: §§ 72-3-1101 to 72-3-1104

Maximum Estate Value: $50,000

Required Conditions: As stipulated by § 72-3-1101, an individual may exercise their right to use a Small Estate Affidavit provided that specific conditions outlined by state law are met i.e.

  • Only personal property is included in the estate claim,
  • The individual filing the Affidavit is entitled to the property they wish to have transferred to them,
  • It is utilized only after at least thirty (30) days since the passing of the Decedent, and
  • The Affidavit must only used if a personal represent will not be or is not already appointed.