What the rule says
Under Mont. Code Ann. § 72-3-1101, a Montana successor can collect personal property of a Montana decedent without going through formal probate, if:
- The total value of the personal property does not exceed $50,000 - The decedent has been dead for at least 30 days - No application for the appointment of a personal representative has been granted - The successor presents an affidavit
What this means in practice
Key practical points:
- 30-day waiting period. - $50,000 threshold counts personal property only. - Real property requires separate procedures. Montana recognizes TOD deeds. - No court involvement for the affidavit procedure.
How this fits with MT's other tools
Montana offers:
- Collection by affidavit (§ 72-3-1101): Personal property up to $50,000. - Summary administration: For specific simple cases. - Informal probate: Streamlined formal procedure. - Formal probate: Court-supervised when warranted. - TOD deed (Mont. Code Ann. § 72-6-401 et seq.): Montana recognizes TOD deeds.
What you can do about it
For a survivor of a Montana decedent:
1. Calculate personal property value. Stay within $50,000. 2. Wait 30 days from death. 3. Prepare and present the affidavit. 4. Distribute property.
Who this affects most
Montana's small-estate procedure is most relevant for survivors of Montana decedents with modest probate estates.