Montana probate code · checked October 2026
For money and belongings, Montana's affidavit limit is $100,000 — applied to the estate after the assets that pass automatically are taken out. The Montana affidavit collects personal property only; it does not transfer real estate. The affidavit, where one exists, cannot be used until 30 days have passed since the death.
The affidavit limit today: $100,000, judged by the law in force on the date of death.
The paper: Affidavit for Collection of Personal Property of the Decedent (MCA 72-3-1101) - no form number.
How it moves: presented to whoever holds the property; no court case is opened.
The wait: 30 days after the death before the affidavit can be used.
For a surviving spouse: No different affidavit cap when the claimant is the surviving spouse.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $100,000 | Presented to whoever holds the property; no court case. Form: Affidavit for Collection of Personal Property of the Decedent (MCA 72-3-1101) - no form number. |
| Summary administration procedure for small estates (MCA 72-3-1103) | — | Summary administration (§ 72-3-1103) has no fixed cap: the estate must fit within the homestead allowance, exempt property, family allowance and administration, funeral and last-illness expenses. |
Vehicles count as personal property for the affidavit cap; separately, Montana allows a transfer-on-death beneficiary designation for titled vehicles (MCA Title 72, ch. 6 and Title 61), clarified in 2023 to include trailers and manufactured homes.
MCA 72-3-1101 requires no statement that debts have been paid; the recipient is answerable and accountable to a personal representative or person with a superior right (MCA 72-3-1102).
Rules checked October 2026 · Sources: MCA 72-3-1101; MCA 72-3-1102; MCA 72-3-1103; MCA 72-6-401 to 72-6-418 (TOD deed). This page reads the published law; it is not legal advice, and the court is the final word.