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Disclaimer

This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.

Detailed Answer

Under Montana law, you can collect a decedent’s personal property without formal probate by using a small-estate affidavit. The process and requirements are set out in Montana’s Probate Code, Title 72, Chapter 3, Part 2.

1. Confirm Eligibility
   Ensure the decedent’s personal property does not exceed $50,000 in value and no personal representative has been appointed within 30 days of death. See Mont. Code Ann. § 72-3-202.
2. Identify Property
   List all personal items you wish to collect (bank accounts, household goods, furniture, etc.). Real property and motor vehicles have separate procedures. See Mont. Code Ann. § 72-3-203.
3. Draft the Affidavit
   Your affidavit must include:
   • The decedent’s name and date of death.
   • Your name, address and relationship to the decedent.
   • A description of each item and its estimated value.
   • A statement that no probate administration is pending.
   • The names and addresses of all known heirs and beneficiaries.
   • An oath or affirmation before a notary public.

   Review Mont. Code Ann. § 72-3-204 for full requirements.

4. Notarize the Affidavit
   Sign the affidavit in front of a Montana notary public. The notary will verify your identity and witness your oath.
5. File with County Clerk
   Submit the original affidavit and any required attachments to the clerk of the district court in the county where the decedent resided. There is typically a minimal filing fee. See Mont. Code Ann. § 72-3-205, which explains the filing procedure and effect.
6. Collect the Property
   Once filed, you may present a certified copy of the affidavit to any person or institution holding the decedent’s property. They must release the items to you.
7. Transferring Motor Vehicles
   For a vehicle titled in the decedent’s name, present the affidavit to the Motor Vehicle Division. The MVD will transfer title to you under Mont. Code Ann. § 61-3-226.

Helpful Hints

• Prepare the affidavit carefully; errors can delay collection.
• Verify the total value of personal property before proceeding.
• Keep copies of the filed affidavit and all notices served.
• Notify all heirs and potential creditors before filing.
• Consider consulting an attorney if the total estate value nears the $50,000 threshold or if disputes arise.