Montana Small Estate Affidavit Form

The Montana Small Estate Affidavit (for Collection of Personal Property of the Decedent) is a legal document that gives the rightful heirs to an individual that recently passed (the decedent) the right to collect the deceased individual’s belongings. Once the form has been completed and copies have been made, the form can be displayed to those that are in possession of the decedent’s property to collect it from them. It can be used for collecting both material and non-material property. If the estate is valued in excess of $50,000, this form may not be used as it will subsequently not reflect the state law definition of a “small estate”, i.e. an estate valued at $50,000 or less.

Montana’s Supreme Court created a very handy guide for those in the process of collecting personal property from an estate. The guide can be downloaded here: “How to Use an Affidavit to Get Personal Property from an Estate.”

Laws: §§ 72-3-1101 to 72-3-1104



Requirements

Maximum Estate Value: $50,000

Required Conditions: As stated by § 72-3-1101, an individual may exercise their right to use a the affidavit provided they comply with the following requirements:

  • Only personal property is included in the estate claim.
  • The individual filing the affidavit is entitled to the property they wish to have transferred to them.
  • It is utilized only after at least thirty (30) days since the passing of the decedent.
  • The affidavit must only be used if a personal representative will not be or is not already appointed.