MT estate risk
Probate risk in Montana
Court-supervised estate process, timing, cost exposure, and public record requirements.
Montana allows collection of personal property by affidavit for small estates after a 30-day waiting period.
At a glance
Key takeaways
- The probate estate value must be $100,000 or less, net of liens and encumbrances.
- At least 30 days must pass after death before using the affidavit.
- A transfer agent must retitle securities upon receipt of a compliant affidavit.
- Transfer agents must re-register securities upon receipt of a compliant affidavit.
Questions to consider
Questions to consider in Montana
- How long does probate typically take here?
- What costs and fees should families expect?
- What becomes public during probate?
State overview
Montana allows collection of personal property by affidavit for small estates after a 30-day waiting period.
- The probate estate value must be $100,000 or less, net of liens and encumbrances.
- At least 30 days must pass after death before using the affidavit.
- A transfer agent must retitle securities upon receipt of a compliant affidavit.
- Transfer agents must re-register securities upon receipt of a compliant affidavit.
Sources
Background sources
- Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).
National sources provide baseline context; state statutes and court rules control in Montana.
Optional next steps
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