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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your situation.

Detailed Answer

In Montana, a small estate affidavit lets heirs collect personal property without formal probate if the decedent’s personal assets (excluding encumbrances) total no more than $100,000 and no real estate is involved. This process is governed by Montana Code Annotated (MCA) §72-2-901 through §72-2-915. You can review the statutory framework here: MCA Title 72, Chapter 2, Part 9.

Statutory Eligibility

To use a small estate affidavit, you must meet the following requirements (MCA §72-2-903):

• The decedent died more than 30 days ago.
• No personal representative has been appointed, or the appointment was revoked.
• The total value of personal property in Montana does not exceed $100,000.
• No real property requires administration.

Core Documents You’ll Need

1. Certified death certificate. Obtain a certified copy from the Montana Department of Public Health & Human Services.
2. Small estate affidavit form. Use a form that complies with MCA §72-2-909. It must include:
   • Decedent’s full name, date of death, and last residence.
   • Statement that 30 days have passed since death and no personal representative is appointed.
   • Names and addresses of all heirs.
   • Description and fair market value of each asset.
   • Declaration of any known debts.
   • Sworn signature before a notary public.
3. Proof of asset value. Attach copies of recent bank statements, retirement account statements, vehicle titles, investment account summaries or other records showing the value of each item.
4. Copy of will (if applicable). If the decedent left a will that has not been probated, include a certified copy.
5. Notice to creditors (if required). In some cases, you must notify known creditors per MCA §72-2-905. Include proof of mailing if you served notice.
6. Valid photo ID of the affiant. A copy of your driver’s license or passport can help the clerk verify your identity.
7. Filing fee receipt. Montana counties charge a small fee to file the affidavit. Keep the receipt to show payment.

Helpful Hints

• Download the sample small estate affidavit form from your county clerk’s website to ensure you include all county-specific requirements.
• Double-check asset values as of the date of death; use appraisals if needed for vehicles or collectibles.
• Confirm with the clerk’s office that the decedent did not already open a probate proceeding.
• Serve notice to creditors by certified mail and save the green cards for your file.
• Keep one fully executed original of the affidavit; submit only copies of supporting documents unless the clerk requests originals.
• Consider a brief consultation with an estate attorney if you encounter disputes among heirs or if assets approach the $100,000 limit.