Detailed Answer

Short answer: In Montana you may be able to collect your father’s bank account without formal probate by using a small‑estate collection procedure (often called a small‑estate affidavit or affidavit for collection of personal property) if the estate qualifies. You must confirm the estate meets Montana’s limits and follow the required steps: gather documents, complete and notarize the affidavit, present it to the bank, and be prepared to open probate if the bank refuses or the estate exceeds the statutory limit.

Does the estate qualify?

Start by determining whether the value and type of the decedent’s property fit Montana’s simplified collection rules. Montana law that governs probate and estate procedures is found in Title 72 of the Montana Code Annotated. Review the relevant sections of the Montana probate statutes to confirm eligibility: Montana Code Annotated — Title 72. If the total personal property subject to collection under the small‑estate procedure is within the statutory limit, you can proceed with the affidavit. If it is above the limit or the estate includes real property or complex claims, you will likely need to open a formal probate estate.

Typical steps to claim a bank account using a small‑estate affidavit

1. Identify the assets and their values. Make a list of the decedent’s personal property and the approximate value of each item. Banks often treat accounts as personal property for collection purposes. Exclude real estate unless the statute specifically allows its inclusion.
2. Obtain multiple certified copies of the death certificate. Banks require a certified death certificate before they will release funds. You can get certified copies through Montana’s vital records office or the county where the death was registered.
3. Locate and complete the correct affidavit/form. Montana courts provide probate information and forms. Check the Montana Courts website or your local district court clerk for the appropriate affidavit for collection of a decedent’s personal property: Montana Judicial Branch (Courts). The form typically requires facts about the decedent, the value of the estate, your relationship, and a statement that no probate administration is pending.
4. Have the affidavit notarized. Most affidavits must be signed before a notary public. Make sure you sign the affidavit in front of a notary and keep a notarized original (banks usually require an original, not a photocopy).
5. Provide supporting documentation to the bank. Present the notarized affidavit, the certified death certificate, the decedent’s account information, and your identification. If you are an heir or beneficiary under a will, provide a copy of the will if it helps establish your claim.
6. Be prepared for the bank to have its own policies. Banks set internal thresholds and may refuse to release funds even when a statute allows collection by affidavit. They may demand additional proof of entitlement, require that you open an estate account, or ask for a court order. If the bank refuses, you may need to consult with the district court clerk about opening a limited or full probate proceeding.
7. Consider creditors and priority rules. Using a small‑estate affidavit typically transfers possession of the funds to you, but outstanding creditor claims may still exist. Follow Montana’s rules on notice to creditors and priority of distribution found in Title 72: Montana Code Annotated — Title 72. If you distribute funds to heirs and a valid creditor later emerges, you may have personal liability for improper distribution.
8. Open probate if necessary. If the estate exceeds the statutory limit, if the bank refuses, or if heirs contest the claim, you’ll likely need to open formal probate at the county district court where the decedent lived.

Practical points specific to bank accounts

• Banks frequently require proof of your authority to collect (affidavit + death certificate + photo ID). Bring originals, not copies, unless the bank specifies otherwise.
• If the account had a payable‑on‑death (POD) or joint owner designation, funds pass according to the account title and named beneficiary rules, not under small‑estate rules.
• If multiple heirs claim the same funds, the bank may refuse to release funds until the dispute is resolved or a court orders distribution.

Where to find forms and statute text

Consult the Montana Judicial Branch for probate forms and local court procedures: https://courts.mt.gov/. For the statutory framework, see Title 72 of the Montana Code Annotated (probate and estates): https://leg.mt.gov/bills/mca/title_72/. If you cannot find a specific affidavit template online for your county, contact the clerk of the district court in the county where your father lived—the clerk can tell you whether a specific form is available locally.

When to talk to an attorney

Contact an attorney if any of the following apply: the total estate value is near or over the statutory small‑estate limit; the bank refuses the affidavit; the estate includes complex assets (real property, business interests); there are creditor claims or disputes among heirs; or you want help preparing the affidavit and ensuring you follow notice and distribution rules. An attorney can tell you whether a small‑estate affidavit is the correct route under Montana law and help prevent personal liability for improper distributions.

Disclaimer

This article is for general information only and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed Montana attorney who handles probate and estate matters.

Helpful Hints

• Confirm the estate qualifies under Montana’s simplified collection rules before doing anything permanent.
• Get several certified copies of the death certificate early—banks and other institutions commonly require them.
• Call the bank first to learn its documentation policy; ask whether it accepts a small‑estate affidavit and what threshold it uses.
• Bring original, notarized documents and your photo ID when you visit the bank.
• Check account titling: POD designations or joint tenants often let funds pass outside probate and avoid the affidavit process.
• Keep careful records of funds you collect and how you distribute them; you may need to account for distributions later.
• If in doubt, consult the district court clerk or a probate attorney rather than risking improper distribution.