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A Small Estate

MCA 72-3-1101 — an affidavit 30 days after the death collects the property when the estate is $100,000 or less

Thirty days after a death, anyone holding money or property of the person who died hands it over to the successor who presents an affidavit stating:

  • The probate estate, less liens, does not exceed $100,000.
  • 30 days have passed since the death.
  • No petition for a personal representative is pending or granted anywhere.
  • The successor is entitled to the property.
  • MCA 72-3-1101
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Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana and State Law Library Self Help Law Center; and legal aid programs and the state offices, listed in the Montana directory.

Unclaimed property held by the department of revenue may be refunded to a successor if it is $5,000 or less, whatever the size of the estate.

  • MCA 72-3-1101
Sources for this section (1)
  1. MCA 72-3-1101 — Collection of personal property by affidavit

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.

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