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Montana Affidavit vs Summary Administration

One route skips the courthouse entirely. The other only exists because a personal representative was already appointed and the estate turned out smaller than expected.

MCA § 72-3-1101, 72-3-1103

By the FigureMyTax Editorial Team · How we calculate

Quick answer: the affidavit (§ 72-3-1101) skips court entirely for a $100,000-or-less estate, personal property only. Summary Administration (§ 72-3-1103) is a different tool — it closes out an estate that already has an appointed personal representative, once its value falls under certain statutory allowances. See how this affects your own estimate in the Montana probate timeline calculator.

Side by side

Collection by AffidavitSummary Administration
StatuteMCA § 72-3-1101MCA § 72-3-1103
Personal representative needed?NoYes, already appointed
Court filing required?NoYes, a closing statement
Threshold$100,000 or less, net of liens (raised from $50,000 in 2023)No fixed dollar cap; tied to statutory allowances and costs
Covers real estate?No, personal property onlyCan include real estate already under administration
Waiting period30 days after deathNone specified; follows normal administration

Two very different tools, not two dollar tiers

A distinction worth getting right: it's tempting to think of these as a small-estate ladder — affidavit for the smallest estates, Summary Administration for slightly bigger ones. That's not quite accurate. The affidavit is a stand-alone shortcut that bypasses the court and a personal representative altogether. Summary Administration only becomes available after a personal representative has already been appointed through normal probate, and the estate then turns out to fall under the combined value of the homestead allowance, exempt property, family allowance, and administration, funeral, and last-illness costs — a threshold that varies estate to estate rather than a single published number.

Real estate needs its own plan either way

Neither shortcut passes real estate held solely in the decedent's name. Many Montana families instead use a transfer-on-death deed, recorded during life, to move a house or ranch land outside probate entirely — without needing either simplified procedure or a trust.

Facing probate in Montana?

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

Talk to a Montana attorney

Affidavit vs Summary Administration — frequently asked questions

What's the difference between Montana's affidavit and Summary Administration?

The affidavit lets a successor collect personal property directly, with no court filing and no personal representative appointed, when the estate is $100,000 or less net of liens. Summary Administration is a way to close an estate that already has an appointed personal representative, once its value falls below certain statutory allowances and costs.

Does Summary Administration have a dollar cap in Montana?

No fixed dollar ceiling. It applies when the estate's value, net of liens, does not exceed the homestead allowance, exempt property, family allowance, administration costs, funeral expenses, and last-illness medical expenses combined — a threshold that varies by estate.

Can the collection-by-affidavit procedure be used for real estate in Montana?

No — the affidavit covers personal property only. Any real estate titled in the decedent's name alone requires at least informal probate, unless it was already set up to transfer outside probate, such as through a transfer-on-death deed.

Why was Montana's affidavit threshold raised in 2023?

Legislation (Chapter 453, Laws of 2023) raised the threshold from $50,000 to $100,000, net of liens and encumbrances, letting more modest estates skip a court filing entirely.

Keep going

Montana Probate Timeline CalculatorYour estimate, based on your answers Montana Probate DeadlinesEvery statutory date, with citations What Delays Probate in MontanaBeyond the statutory floor Montana Probate vs Living TrustWould a trust have avoided this?

Estimate for general guidance only, not legal advice. Based on MCA § 72-3-1101, 72-3-1103. Which track applies to a specific estate depends on its own facts. Consult a licensed Montana attorney before proceeding.