Probate Shortcuts in Montana

The probate process can be long and drawn-out, costing your survivors time as well as money. Fortunately, Montana offers two probate shortcuts for "small estates." If the property you leave behind at your death is below a certain amount, Montana allows the property to be transferred more quickly and with less hassle. In other words, if your estate qualifies as "small," your loved ones may be able to use simplified probate procedures, or even skip probate entirely.

Collecting Property With a Small Estate Affidavit

Montana offers a procedure that allows inheritors to obtain personal property—basically anything but real estate—without going through probate. To qualify, the estate (the property you own at death) must meet these requirements:

• the value of all property, less liens and encumbrances, can't exceed $100,000
• no application or petition for appointment of personal representative is pending or has been granted in any jurisdiction, and
• at least 30 days have elapsed since the death.

(Mont. Code § 72-3-1101 (2024).)

If your estate meets the requirements listed above, all your inheritor has to do is sign a simple document under oath, called an Affidavit for Collection of Personal Property of Decedent. The affidavit must include certain information, such as:

• statements that the estate fulfills each of the requirements listed above
• descriptions of the property being collected, and
• a statement that the person using the affidavit is entitled to the property described.

(Mont. Code § 72-3-1101 (2024).)

After signing the document (and swearing to its truthfulness) and having it notarized, the inheritor simply presents the affidavit to the person or institution holding the property—for example, a bank where the deceased person had an account. The inheritor will usually also need to provide a certified copy of the death certificate.

After that, the person or institution releases the asset. This process skips probate court entirely. But if a person or institution refuses to release the asset, the inheritor can go to court to get an order compelling its release. (Mont. Code § 72-3-1102 (2024).)

Simplified Probate: Summary Administration

Another probate shortcut that Montana offers is a simplified probate process for small estates, called "summary administration" (or "summary probate"). Unlike the affidavit procedure discussed above, summary administration doesn't allow your survivors to skip probate.

However, the probate process is much more streamlined than full probate, saving time, probate fees, and potentially lawyer fees.

You can use summary administration in Montana if the value of the entire estate, less liens and encumbrances, doesn't exceed the value of the:

• homestead allowance (a set amount of money that a surviving spouse or children are entitled to under Montana law)
• exempt property allowance (a set value for household items and vehicles that a surviving spouse or children are entitled to under Montana law)
• family allowance (a set amount of money for living expenses that a surviving spouse or children that the deceased person was supporting are entitled to under Montana law)
• costs of administration (costs of probate)
• reasonable funeral expenses, and
• reasonable and necessary medical expenses of a last illness.

(Mont. Code Ann. § 72-3-1103 (2024).)

So what does all this mean? Calculating an exact dollar amount to compare against the size of your estate can be tricky. It really depends on your circumstances—for example, whether you leave behind a spouse or children.

The bottom line is that your estate can be wrapped up quickly if the size of your estate doesn't exceed these amounts. Your personal representative can immediately distribute the estate without giving notice to creditors. (Mont. Code Ann. § 72-3-1103 (2024).)

After distributing the estate, the personal representative also must complete a closing statement that says:

• the value of the entire estate was less than the amounts listed above
• the personal representative has distributed the assets to the inheritors and paid all taxes, and
• the personal representative has given a copy of the closing statement to the inheritors and known creditors who might have claims against the estate.

(Mont. Code § 72-3-1104 (2024).)

For More Information

For more help handling an estate in general, see The Executor's Guide, by Mary Randolph (Nolo). For an introduction to how you can plan your estate to help your survivors, try Estate Planning Basics, by Denis Clifford (Nolo).

For more on Montana estate planning issues, see our section on Montana Estate Planning.