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After a parent dies · Montana
Small estates in Montana: collecting a parent's property without full probate
Montana allows small estates under $50,000 to be collected and distributed by affidavit. In Montana, 30 days must pass after the death before the affidavit is used. In Montana, whoever pays a successor under the affidavit is released as if they had dealt with a personal representative.
Educational only. Not legal advice. Sources checked November 2, 2026.
What the official sources say
- Montana allows small estates under $50,000 to be collected and distributed by affidavit. Social Security Administration, POMS GN 02315.064 (Montana). Checked November 2, 2026
- In Montana, 30 days must pass after the death before the affidavit is used. Social Security Administration, POMS GN 02315.064 (Montana). Checked November 2, 2026
- In Montana, whoever pays a successor under the affidavit is released as if they had dealt with a personal representative. Social Security Administration, POMS GN 02315.064 (Montana). Checked November 2, 2026
How to keep these papers
Keep dated copies of the papers you already have in one place, and write the day something happened on the same day. KeepMyProof is a private phone app for that: folders with checklists, the day it happened next to the day you saved it, and one PDF of a folder when someone asks.
- Will or trust copies
- Death certificates
- Court papers naming the executor
- Accounts and property papers
- Bills and letters to close out
- Family land papers (heirs' property)
Download the free printable checklist (PDF)
One page, no email needed.
Coming soon to Google Play.
More for Montana
- Creditor claim deadlines for an estate in Montana
- How to order a death certificate in Montana
- Executor duties and deadlines in Montana
- Transfer-on-death deeds for a home in Montana
- Executor checklist: papers after a parent dies: the full guide
- Small estates: collecting a parent's property without full probate: all states
Neighbouring states
- Small estates in Idaho: collecting a parent's property without full probate
- Small estates in North Dakota: collecting a parent's property without full probate
- Small estates in South Dakota: collecting a parent's property without full probate
- Small estates in Wyoming: collecting a parent's property without full probate
Questions
Where do these Montana facts come from?
Each fact on this page is copied from an official source: Social Security Administration, POMS GN 02315.064 (Montana). We checked that each source still says it on November 2, 2026. Rules and forms change, so open the official link and read the current version before you rely on it.
Is this legal advice?
No. This page is educational only and is not legal advice. KeepMyProof is not a law firm. For advice about your situation, ask a lawyer licensed in Montana or your court's self-help center.
Which papers should I keep for after a parent dies?
A good start: Will or trust copies; Death certificates; Court papers naming the executor; Accounts and property papers; Bills and letters to close out; Family land papers (heirs' property). Keep only papers you are allowed to have, write the date on each note, and keep originals somewhere safe.
How can I keep these papers private on my phone?
KeepMyProof keeps copies of the papers you already have in folders with checklists, encrypted on your phone, with no account and no ads. It is free for the first items you save. It is coming soon to Google Play.
Educational only. Not legal advice.