Montana Living Trust

Montana Small Estate Affidavit — Best Proven Guide (2026)

By Oleg Kachko · Updated June 12, 2026

✓ Verified June 2026

This guide explains the Montana small estate affidavit in plain English — the exact dollar limit, whether real estate counts, the waiting period, and how to use it to skip full probate. The threshold is verified as of June 2026 (these limits change with inflation).

Montana Small Estate Eligibility at a Glance

Here are the exact rules for using a Montana small estate affidavit:

Small estate affidavit limit $100,000 (effective October 1, 2023 (raised from 50000 to 100000 by Senate Bill 286, 68th Montana Legislature))
Real estate excluded? YES — the Montana small-estate affidavit (MCA 72-3-1101) applies only to personal property (tangible personal property, debts owed to the decedent, stocks, and other choses in action). Real estate cannot be transferred by small-estate affidavit. To transfer real property outside of probate, the decedent must have used a transfer-on-death deed, joint tenancy, or a living trust before death.
Waiting period after death 30
Summary probate threshold Not a fixed dollar amount. Under MCA 72-3-1103, a personal representative may immediately disburse and distribute the estate without giving notice to creditors if the total estate value (less liens and encumbrances) does not exceed the combined total of the homestead allowance (22500 under MCA 72-2-412), exempt property allowance (15000 under MCA 72-2-413), family allowance (under MCA 72-2-414), costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the decedent’s last illness. Additionally, under MCA 72-3-1104, if the estate value (less liens and encumbrances) does not exceed 100000, a personal representative may close the estate by filing a sworn statement with the court without formal closing proceedings.
Transfer-on-death (TOD) deed allowed? YES — Montana allows transfer-on-death deeds for real estate under MCA 72-6-401 through 72-6-420. The property owner signs and notarizes the TOD deed and records it with the county clerk and recorder’s office before death. The deed is revocable during the owner’s lifetime. At death, the real estate passes automatically to the named beneficiary without probate. Note: Montana Medicaid Estate Recovery may assert a claim against TOD property if the owner received Medicaid benefits during their lifetime.

How to File a Montana Small Estate Affidavit

1) Wait at least 30 days after the decedent’s death. 2) Confirm no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction. 3) Confirm the total value of the entire probate estate, wherever located, less liens and encumbrances, does not exceed 100000.

4) Prepare a sworn affidavit (Montana Form 17.1 or equivalent) stating: the decedent’s name and date of death, that 30 days have elapsed since the death, that no personal representative has been appointed or petition is pending, that the estate value (less liens and encumbrances) does not exceed 100000, the affiant’s relationship to the decedent and right to the property, and a description of the property being claimed.

5) Sign the affidavit before a notary public. 6) Present the notarized affidavit to the person or institution holding the decedent’s personal property (bank, employer, brokerage, etc.). 7) The holder must then make payment or deliver the property to the successor. 8) The affiant must file within 3 years of the decedent’s death or the right expires.

Who can file in Montana: Any person claiming to be a “successor” of the decedent may file the affidavit. Under MCA 72-1-103, a successor includes any person (other than a creditor) who is entitled to property of the decedent under the decedent’s will or under Montana intestacy law. This may include a surviving spouse, children, other heirs at law, or a named beneficiary under the will.

If more than one successor exists, any one of them may present the affidavit for property to which they are entitled.

Other Ways to Avoid Probate in Montana

1) Joint tenancy with right of survivorship — property (real estate, bank accounts, vehicles) held in joint tenancy passes automatically to the surviving owner(s) at death without probate. 2) Payable-on-death (POD) bank accounts — the account owner names a beneficiary who can claim funds directly from the bank upon the owner’s death.

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3) Transfer-on-death (TOD) registration for securities — stocks, bonds, and brokerage accounts can be registered with a TOD beneficiary under Montana’s Uniform TOD Security Registration Act. 4) Revocable living trust — assets transferred into a living trust during the owner’s lifetime pass to named beneficiaries through the trust terms at death, bypassing probate entirely. The trust is managed by a successor trustee.

5) Beneficiary designations on life insurance and retirement accounts — these pass directly to named beneficiaries outside probate. 6) Multi-party bank accounts — Montana recognizes community property with right of survivorship for married couples, as well as survivorship accounts.

Other Montana small-estate rules: 1) Montana’s small-estate affidavit must be used within 3 years of the decedent’s death; after 3 years the right to use the affidavit expires. 2) The Montana Department of Revenue may refund unclaimed property to a successor if the unclaimed property value is 5000 or less, regardless of total estate value.

3) A person who pays or delivers property in reliance on a properly executed affidavit is discharged and released from further liability to the same extent as if they dealt with a personal representative. 4) A successor who receives property by affidavit is answerable and accountable to any personal representative later appointed, to any other successor with a superior right, and to creditors of the estate.

5) Montana is a Uniform Probate Code state, so its probate procedures generally follow the UPC framework. 6) For motor vehicles in small estates, Montana has a separate provision under MCA 61-3-222 allowing a surviving spouse or heir to transfer title for vehicles valued within estate limits without full probate.

Understanding the Montana Small Estate Affidavit

A Montana small estate affidavit can let a family skip full probate entirely when the estate is below the state limit. The exact Montana threshold above is the figure that decides eligibility — and because these limits change with inflation, using the current number matters. Filing a Montana small estate affidavit is usually far faster and cheaper than formal probate, often resolving in weeks instead of months.

Your state court’s self-help center publishes the official Montana small estate affidavit form and the current dollar limit.

Official Montana Sources & Resources

This Montana small-estate guide was last verified against official sources in June 2026. Thresholds change with inflation — verify the current limit with your state court.

More Montana Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.