Montana Small Estate Affidavit Checker

$100,000 today, not the $50,000 some guides still cite

Confirmed against the current statute: Mont. Code Ann. §72-3-1101 currently sets the threshold at $100,000 of the probate estate, less liens and encumbrances, with 30 days elapsed since death — an earlier version of the statute used $50,000, and some online guides still repeat that older figure.

30 days, not 5 — despite what one source claims

The statute's own text is unambiguous: 30 days must elapse since the date of death before the affidavit can be used. A handful of secondary guides describe a 5-day wait; that figure doesn't match the current official Montana Code Annotated.

A remarkably cheap form to obtain

The official affidavit form is available from the state law library or the district court for just $1 — a genuinely low cost for the paperwork itself.

Real property is never part of this affidavit

The affidavit covers personal property only; any real property in the decedent's name alone requires full probate or Montana's Summary Administration Procedure instead.

A narrow carve-out for small unclaimed amounts

The Department of Revenue may refund unclaimed property to a successor if its value is $5,000 or less, regardless of the overall estate's value — a distinct, narrower rule from the main affidavit threshold.

Montana small estate — frequently asked questions

What is Montana's current small estate affidavit threshold?

$100,000 in personal property, under the current text of Mont. Code Ann. §72-3-1101 — an earlier version of the statute used $50,000, so guides citing that older figure are describing repealed law.

How long must you wait to use the affidavit?

30 days after death, per the statute's own text — some secondary sources incorrectly cite a 5-day wait, but the current official Montana Code Annotated confirms 30 days.

How much does the official affidavit form cost to obtain?

Just $1, available from the state law library or the district court — a genuinely low cost for the form itself.

Does the affidavit ever reach real property?

No — it covers personal property only; any real property in the decedent's name alone requires full probate or Summary Administration instead.

Is there a separate provision for small amounts of unclaimed state-held property?

Yes — the Department of Revenue may refund unclaimed property to a successor if its value is $5,000 or less, regardless of the overall estate's value.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Mont. Code Ann. §72-3-1101. Actual eligibility depends on the estate's full facts. Confirm with the District Court or a licensed Montana attorney before acting.