After a death in Montana

Small estates

Small estate affidavit (collection of personal property by affidavit, MCA 72-3-1101): a successor can collect money and personal property by showing a sworn affidavit if the whole probate estate, less liens and encumbrances, is $100,000 or less. At least 30 days must have passed since death, and no personal representative can be appointed or applied for. It cannot transfer real estate. Summary administration (MCA 72-3-1103) lets a personal representative close fast, without notice to creditors, when the estate is no bigger than exempt property, family allowances, administration costs, reasonable funeral costs and last illness medical bills. The $100,000 limit came from a 2023 law.

• Limit: $100,000
• Waiting time after the death: 30 days
• Source: the official source

Probate court

In Montana, estates are handled by the District Court (one in each county), usually in the county where the person lived.

Creditor claims: 4 months after the first publication of the notice to creditors, or 30 days after a mailed notice if that is later. If no notice is given, claims are barred 1 year after death.

Official court forms

Wills, Trusts, Powers of Attorney, Estate Planning, Probate | Montana Judicial Branch

Montana Judicial Branch self-help page with probate and small estate forms and instructions.

Small estate form: open the form

Some Montana forms download as Word files, not PDFs.

Estate and inheritance tax

• State estate tax: No. Montana has no state estate tax.
• Inheritance tax: No. Montana has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Transfer on death deed under the Montana Uniform Real Property Transfer on Death Act (MCA 72-6-401 and following). Sign it and record it with the county clerk and recorder before death.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed by the will maker and by at least two witnesses who saw the signing or heard the will maker acknowledge it. A self-proving affidavit signed before a notary lets the court accept the will without witness testimony.

Handwritten wills: Valid, with or without witnesses, if the signature and the important parts are in the will maker’s own handwriting (MCA 72-2-522).

Power of attorney and health care directive

Financial power of attorney: The principal must sign (or have someone sign in their presence at their direction). A notary is not strictly required, but a notarized signature is presumed genuine and banks expect it. Montana adopted the Uniform Power of Attorney Act in 2011 (MCA 72-31-301 and following). There is a statutory form (MCA 72-31-353).

Health care directive: Declaration (living will) under the Montana Rights of the Terminally Ill Act: signed and witnessed by two people (MCA 50-9-103). Health care power of attorney: names an agent; Montana law does not require witnesses or a notary, but notarizing is advised. The Montana Department of Justice runs an End of Life Registry where you can store directives. See the state form.

Death certificates

Certified copies come from the Montana DPHHS Office of Vital Records (Helena), or any county Clerk and Recorder office in Montana. The fee is $16 per copy, certified or informational. The funeral home can usually order them for you.

Order online through VitalChek, by mail, or in person at any county Clerk and Recorder, no matter which county the death happened in. The state page does not list who may order a certified copy; call 406-444-2685 to check.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

The small estate affidavit limit rose to $100,000 in 2023. Montana has no estate or inheritance tax.