Blaine County District Court Guide

Thirty days after the death, a person holding the decedent's tangible personal property, or owing a debt or holding an instrument, stock or chose in action, must pay or deliver it to a successor who presents an affidavit stating that the value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000, that 30 days have passed, that no application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction, and that the successor is entitled to the property. The affidavit is not filed with the court. Real property in the probate estate counts toward the $100,000 measure, but the affidavit cannot transfer real property. The figure rose from $50,000 to $100,000 effective October 1, 2023 (2023 Ch. 453, SB 286; default effective date under 1-2-201(1)(a)).

• At least 30 days have passed since the death
• The value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000
• No application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction
• The claiming successor is entitled to payment or delivery of the property
• The affidavit is presented to the holder of the property, not filed with the court

Qualifies:

$100,000

Attorney:

not required by law, though many families use one

The $5,000 figure in 72-3-1101(2) is a Department of Revenue unclaimed-property refund rule, not a second small-estate tier. The $100,000 figure is not indexed.

Where the inventory and appraisal show the entire estate, less liens and encumbrances, does not exceed that sum, the personal representative may immediately disburse and distribute without giving notice to creditors and close by a sworn closing statement under 72-3-1104. It closes an estate already opened, so a personal representative has been appointed and the $100 opening fee has been paid.

• A personal representative has been appointed and has prepared the inventory and appraisal
• The entire estate, less liens and encumbrances, does not exceed the statutory sum
• The personal representative disburses and distributes to the persons entitled
• The personal representative files a sworn closing statement under Mont. Code Ann. 72-3-1104

Qualifies:

No dollar figure exists. The test is whether the entire estate, less liens and encumbrances, is worth no more than the SUM of the homestead allowance ($22,500), exempt property ($15,000), the family allowance, administration costs and expenses, reasonable funeral expenses, and reasonable and necessary last-illness medical and hospital expenses. The variable parts mean the sum cannot be reduced to one number.

Attorney:

not required by law, though many families use one

The clerks' fee schedule prints no separate fee for the 72-3-1104 closing statement; that does not mean filing it is free. Confirm with the clerk.

Montana is a Uniform Probate Code state with three tracks. In informal probate or informal appointment the CLERK OF DISTRICT COURT acts on a verified application without a judge hearing, and may appoint no sooner than 120 hours after the death (30 days for a nonresident decedent unless the domiciliary personal representative applies). A formal testacy or appointment proceeding is heard by the district judge after notice. Supervised administration keeps the personal representative under the court's continuing authority. The personal representative must publish notice to creditors, prepare an inventory within 9 months after appointment, and may not file a closing statement earlier than 6 months after appointment. Probate or appointment proceedings generally may not be started more than 3 years after death.

• File the application or petition with the Blaine County Clerk of District Court if the decedent was domiciled in Blaine County
• Lodge the original will if there is one, plus a certified death certificate
• Wait at least 120 hours after death before an informal appointment (Mont. Code Ann. 72-3-225)
• Publish notice to creditors once a week for 3 successive weeks (72-3-801, mandatory)
• Prepare the inventory within 9 months after appointment (72-3-607)
• Wait at least 6 months after appointment before filing a closing statement (72-3-1004)

Qualifies:

No dollar threshold. This is the ordinary route for a Montana estate that does not fit a small-estate shortcut.

Filing fee:

$100

source

Attorney:

not required by law, though many families use one

Informal and formal are two procedures under the same $100 opening fee; supervised administration is a third. Informal matters are handled by the clerk, not a registrar.

A petition for formal probate or adjudication of intestacy asks the district court for an order after notice and hearing (§ 72-3-301). The court or clerk fixes a hearing; notice goes to the surviving spouse, children and other heirs, the devisees and executors, and any unterminated personal representative, with notice by publication to unknown persons and persons whose addresses are unknown (§ 72-3-305).

• File a petition for formal testacy or appointment in the district court (§ 72-3-301)
• Give notice of the hearing to heirs, devisees, executors and any personal representative, and by publication to unknown persons (§ 72-3-305)
• Attend the hearing; a contested case is decided by the judge

Qualifies:

No dollar threshold. Used where a will is contested, the heirs or the will's validity need a judicial order, or an interested person wants one.

Attorney:

not required by law, though many families use one

The applicant files a verified application with the clerk of district court in the county of domicile. Notice of the application is required only to a person who has filed a demand for notice and to any personal representative not terminated (§ 72-3-211 for probate), and, for appointment, to a person with a prior or equal right to appointment who has not waived it in writing (§ 72-3-221). The clerk makes the statutory findings (§§ 72-3-212, 72-3-222) and, once at least 120 hours have passed since death, appoints the applicant (§ 72-3-225(1)). A nonresident decedent's appointment waits 30 days unless the domiciliary personal representative applies or the will directs Montana law. No judge hearing is involved.

• File a verified application with the clerk of district court in the county of the decedent's domicile
• Lodge the original will, if there is one (§ 72-3-212(5)); a will is effective to transfer property only once probated, except for a small estate affidavit (§ 72-3-102)
• Give notice only to persons who demanded it, any unterminated personal representative, and anyone with a prior or equal right to appointment who has not waived it
• Within 30 days of appointment, tell the heirs and devisees (§ 72-3-603)
• Publish notice to creditors once a week for 3 successive weeks (§ 72-3-801(1), mandatory)
• Prepare the inventory within 9 months after appointment (§ 72-3-607)
• Close by verified closing statement no earlier than 6 months after appointment (§ 72-3-1004)

Qualifies:

No dollar threshold. The ordinary route for an uncontested Montana estate.

Attorney:

not required by law, though many families use one

A single in rem proceeding to secure complete administration under the continuing authority of the court, until an order approving distribution and discharging the personal representative. A supervised personal representative is responsible to the court as well as the interested parties (§ 72-3-401). A supervised estate cannot be closed by sworn statement under § 72-3-1004.

Qualifies:

No dollar threshold.

Attorney:

not required by law, though many families use one

Thirty days after the death, a person holding the decedent's tangible personal property or an instrument, or owing the decedent a debt, must pay or deliver it to a claiming successor who presents a compliant affidavit, and a transfer agent must re-register securities. The affidavit is NOT filed with a court. The holder is discharged as if it dealt with a personal representative (§ 72-3-1102). The State Law Library publishes an unnumbered affidavit packet.

• 30 days have elapsed since the death
• The value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000 (for deaths on or after October 1, 2023)
• No application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction
• The claiming successor is entitled to payment or delivery of the property

Qualifies:

$100,000 or less for deaths on or after October 1, 2023 ($50,000 before), measured as the value of the probate estate, wherever located, less liens and encumbrances. Real property in the probate estate counts toward the figure but cannot be transferred by the affidavit.

Attorney:

not required by law, though many families use one