Montana FAQ: Submitting an Affidavit Accounting for a Decedent’s Personal Property in a Small Estate

Short answer: In Montana you typically prepare a sworn affidavit that lists the decedent’s personal property, value, and heirs, attach the death certificate and supporting documents, sign it before a notary, and file or present it to the appropriate court clerk or to the holder of the property. Before you act, confirm the estate qualifies for Montana’s small-estate procedures and follow any local court rules. This is general information—not legal advice.

Detailed answer — step-by-step guide

The steps below explain how to prepare and submit an affidavit that accounts for a decedent’s personal property under Montana small-estate procedures. This is a plain-language guide; always confirm specific requirements with the district court clerk in the county where the decedent lived and review Montana statutes.

1. Confirm the estate qualifies as a “small estate” under Montana law

Montana law includes summary procedures for small estates. Eligibility depends on the types and total value of estate assets and whether real property is involved. Look up Montana Code Annotated, Title 72 (Probate and Decedents’ Estates) for the precise statutory rules and thresholds. See Montana Code, Title 72, Chapter 3 (Probate of Estate) for relevant provisions: https://leg.mt.gov/bills/mca/title_72/72_3/. If the estate does not meet the small-estate criteria, a formal probate or appointment of a personal representative may be required.

2. Identify who may sign the affidavit

People who commonly sign a small-estate affidavit include heirs entitled to the property, a surviving spouse, or a person claiming to be an executor or personal representative if one has not been formally appointed. The signer must know the facts in the affidavit and be able to swear under penalty of perjury to their truth.

3. Gather required documents and information

• Certified copy of the decedent’s death certificate.
• List of personal property to be handled (bank accounts, vehicles, household goods, personal effects), with estimated values for each item or account balances.
• Names, addresses, and relationships of heirs or beneficiaries who will receive the property.
• Any written wills or beneficiary designations (if available).
• Receipts or invoices for funeral, medical, or other estate-related expenses to be claimed.
• Proof of authority or prior communications with banks, title agencies, or other holders of property if already attempted.

4. Draft the affidavit

The affidavit should be a sworn document containing at minimum:

• Decedent’s full name, date of death, and last known address.
• Statement that the signer is entitled to collect or distribute the decedent’s personal property under Montana small-estate procedures.
• Clear inventory of personal property to be collected or transferred, with values.
• Affirmation that the estate qualifies as a small estate under Montana law (and reference Title 72 generally).
• Statement that there is no pending administration in Montana or, if there is, an explanation of authority to proceed.
• Oath language and a place for notarization.

Some Montana counties or courts provide a sample affidavit or form. Contact the district court clerk’s office or check the court’s website for local forms.

5. Notarize and attach supporting documents

Sign the affidavit in front of a notary public and attach certified death certificate and any other supporting documents (account statements, bills, will copy if relevant). Some institutions (banks, motor vehicle departments) will want their own form in addition to the affidavit.

6. File or present the affidavit where required

How you submit the affidavit depends on the asset and the institution holding it:

• To transfer bank accounts or other personal property: present the notarized affidavit and supporting documents to the bank, brokerage, or other holder. Institutions may have internal procedures or forms and may require certified death certificate and additional ID for the claimant.
• To ask the court to recognize distribution: file the affidavit with the district court clerk in the county where the decedent resided. Some courts require filing small-estate affidavits; others only require filing if there is dispute or third-party objection.
• To transfer vehicle title: present the affidavit and the motor vehicle department’s required forms; Montana Motor Vehicle Division may have specific procedures.

7. Notify creditors if required

Small-estate procedures do not necessarily eliminate creditor claims. Montana law contains provisions about notice and creditor claims. Check the relevant Montana statutes and local court rules to determine whether you must publish or mail notice to creditors and whether a waiting period applies before distributing assets. See Title 72 for creditor-claim provisions: https://leg.mt.gov/bills/mca/title_72/72_3/.

8. Distribute property and keep records

After the holder of the property accepts the affidavit and any required waiting period has passed, transfer the property to the heirs as stated in the affidavit or as required by law. Keep copies of the affidavit, all attachments, receipts, and correspondence. These records protect you if disputes or claims later arise.

9. When to get legal help

Consult an attorney when any of the following apply:

• The estate includes real property, or the total estate value is near the statutory threshold for small-estate procedures.
• There are contested heirship issues, multiple claimants, or potential creditors.
• Institutions refuse the affidavit or ask for court-ordered letters of administration.

An attorney can prepare the affidavit, advise about creditor notice and waiting periods, and, if necessary, file a formal probate.

Helpful links and references

• Montana Code Annotated, Title 72 (Probate and Decedents’ Estates), Chapter 3: https://leg.mt.gov/bills/mca/title_72/72_3/ (search within this chapter for small-estate, affidavit, and creditor-claim provisions).
• Contact the district court clerk in the county of the decedent’s residence for local filing practices and forms.

Helpful Hints

• Check the exact dollar thresholds and statutory language in Montana law before relying on small-estate procedures — thresholds and rules change.
• Use a certified copy of the death certificate; many institutions refuse uncertified copies.
• Prepare a clear inventory with values — institutions often will not accept vague lists.
• Ask the institution (bank, DMV, etc.) what evidence it requires before you prepare the affidavit — some have internal forms or additional ID requirements.
• Keep certified copies of anything you give to a bank or government office and retain a complete file of filings and correspondence.
• If multiple heirs exist, get written agreement or a signed distribution plan to prevent later disputes.
• When in doubt, call the district court clerk; clerks can explain court filing steps but cannot give legal advice.

Disclaimer: This article explains general information about Montana small-estate procedures and preparing an affidavit for personal property. It is not legal advice, does not create an attorney-client relationship, and is not a substitute for advice from a licensed Montana attorney who can review your specific facts.