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MT · District Court

Montana

Small-estate-affidavit threshold and procedure under § Mont. Code § 72-3-1101.

Verified 2026-05-04
Personal property
$100,000
statutory cap
30-day wait

Raised to $100K (2023 Ch. 453). Design $75K was stale.

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Montana's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: Raised to $100K (2023 Ch. 453). Design $75K was stale.

Waiting period
State requires 30 days to elapse from date of death (personal-property path) before filing.
Real property
Excluded — personal property only

The small-estate-affidavit pathway in this state excludes real property. Real-property transfers require a different procedure (often regular probate).

03

Where to file

File with the District Court in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Montana judicial system operates an authoritative court locator.

Find your county’s District Court via the Montana judicial council website. Search for “Montana District Court county locator” or visit the state government court directory.

Note: in Montana, the small-estate affidavit is generally presented to the property holder (bank, brokerage, registrar) rather than filed with the court. The court named above is the venue for related probate matters and any contested questions.

04

Form & statute

Form
  • Affidavit for Collection of Personal Property
Statute