Quick answer
To use Montana’s small estate procedure you must confirm that the decedent’s probate personal property (including bank accounts that are subject to probate) totals $20,000 or less. The practical question is usually: which accounts count, and what balance should you use? Follow the steps below to identify, verify, and document account balances so you can determine whether the small estate process is an option.
Step 1 — Identify all possible accounts and how they are titled
Gather every document and source of information you can: mailed statements, online banking logins, checkbooks, safe-deposit box records, tax returns, direct deposit information, and mail addressed to the decedent. For each account, note the ownership language on the account record. Common categories:
- Individually titled in the decedents name only (usually subject to probate).
- Joint accounts with right of survivorship (often pass to the surviving joint owner and typically do not count as probate assets).
- Payable-on-death (POD) or transfer-on-death (TOD) accounts or accounts with a named beneficiary (usually pass outside probate).
- Accounts owned by or titled in a trust (may bypass probate).
Step 2 — Determine the balance as of the date of death
For small estate eligibility you need the accounts balance at the decedents date of death. The best evidence is a bank statement or a written account history from the bank showing the ledger balance on that date. Steps to get that number:
- Check the most recent paper or electronic statement that includes the date of death.
- Log in to online banking and view the account history for the date of death period.
- If statements dont show the exact date, contact the banks estate or customer-support department and ask for a written account history or ledger balance as of the date of death. Ask for a printout or letter the bank will accept as proof.
- Ask the bank to clarify whether the balance shown includes pending deposits or withdrawals. For probate value use the actual ledger balance on the date of death (including uncleared items), unless the bank gives a different official balance for estate purposes.
Step 3 — Add up all probate assets that count toward the $20,000 limit
Montanas small estate rules are designed to cover personal property that would otherwise pass through probate. In practice you must add the value of all personal property in Montana that is subject to probate. This commonly includes:
- Individually titled bank and savings accounts in the decedents name.
- Cash, stocks, bonds, and brokerage account amounts that lack transfer beneficiaries.
- Personal property such as vehicles and household goods (if the small estate rule counts personal property; see the statute link below).
Do NOT include property that transfers automatically outside probate, such as accounts with valid POD/TOD beneficiaries, property in a trust, or property owned jointly that automatically passes to the survivor. If you are unsure about a specific item, treat it conservatively and confirm with the bank or the probate clerk.
Step 4 — Confirm how the bank will accept small estate paperwork
If the combined probate assets are $20,000 or less, Montana law provides a simplified method to collect personal property without formal probate. Banks differ in how strictly they apply the rules. Before relying on a small estate affidavit:
- Ask the bank whether it accepts Montanas small estate affidavit (or what documentation it requires).
- Request the banks form or a list of required documents (commonly: certified death certificate copies, a completed affidavit, and identification for the claimant).
- If the bank refuses, ask why: some institutions have internal thresholds or risk rules that differ from the statute.
Step 5 — Collect and keep supporting documents
Prepare a packet that typically includes:
- Certified copies of the death certificate (banks usually want originals or certified copies).
- Account statements or the banks written balance confirmation as of the date of death.
- A completed small estate affidavit (or the banks equivalent) signed as required under Montana procedure.
- Photo ID for the person claiming the funds and proof of relationship or authority to collect.
When you still have questions or run into problems
If an account title is unclear, the bank wont provide a balance, or the combined estate value is near the $20,000 limit, contact the county probate clerk or consider a short consultation with a probate attorney. County clerks can often point you to local forms and explain the basic filing process. For Montana statutory text on probate and small estate procedures, see Title 72 of the Montana Code Annotated: Mont. Code Ann., Title 72 (Probate), and the Montana Judicial Branch at courts.mt.gov.
Helpful Hints
- Get several certified copies of the death certificate right away. Banks and other institutions often require originals or certified copies.
- Dont assume online “available balance” equals ledger balance. Ask for the ledger or historical balance on the date of death.
- Keep a careful written record of whom you called at each bank, including date, name, and what they told you.
- If a bank account is held jointly or has a POD/TOD beneficiary, the funds often pass outside probate. Still get written confirmation from the bank.
- If an institution refuses an affidavit, ask for a written explanation and save that response. Sometimes a different branch or the banks legal/estate department will accept the affidavit.
- If the total probate personal property slightly exceeds $20,000, an attorney can advise whether other options exist (e.g., an informal probate or partial administration).
Important disclaimer: This article explains general steps and common practice under Montana law. It is not legal advice. Laws change and every situation is different. For advice tailored to your circumstances, consult the county probate clerk or a licensed Montana attorney.