Montana Small Estate: Filing How-To

A $1 form, a 30-day wait, and a straight walk to the bank or transfer agent.

Mont. Code Ann. §72-3-1101

Quick answer: wait 30 days from the date of death, confirm personal property (less liens) is at or under $100,000, get the $1 form from the state law library or district court, and present it directly to the asset holder. Check whether an estate qualifies with the Montana small estate checker.

Step by step

  1. Wait 30 days from the date of death.
  2. Total the probate estate, less liens and encumbrances, against the $100,000 cap.
  3. Confirm no personal representative appointment is pending or granted anywhere.
  4. Get Form 17.1 from the state law library or district court for $1.
  5. Present the notarized affidavit directly to the bank, institution, or transfer agent.

A genuinely inexpensive official form

Securities transfer agents are bound by it too

A transfer agent of any security must change the registered ownership from the decedent to the successor upon presentation of the affidavit — the same document covers bank accounts, tangible personal property, and stock.

Facing probate in Montana?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Montana attorney

Every Montana county's District Court and state law library offers this same $1 form, and Mont. Code Ann. §72-3-1101 applies identically statewide.

How-to — frequently asked questions

Where is Montana's official affidavit form obtained, and what does it cost?

From the state law library or the district court, for $1 — Form 17.1, Affidavit for Collection of Personal Property of the Decedent for Small Estates.

Where does the completed affidavit actually go?

Directly to whoever holds the property — a bank, financial institution, or transfer agent — which must then release the property to the affiant.

What must be confirmed before filing?

That the entire probate estate, less liens and encumbrances, does not exceed $100,000, that 30 days have elapsed since death, and that no personal representative appointment is pending or granted anywhere.

Can a securities transfer agent rely on this same affidavit?

Yes — a transfer agent of any security must change the registered ownership from the decedent to the successor upon presentation of the affidavit.

This page provides general guidance only and is not legal advice. Based on Mont. Code Ann. §72-3-1101. Confirm current requirements with the District Court or a licensed Montana attorney before acting.