• Maximum Estate Value: $100,000^[1]
• Mandatory Waiting Period: 30 days^[2]
• Where to File: No filing required.

The affidavit can be used to collect assets if the following is true^[3]:

• The value of the entire estate is not greater than $100,000.
• 30 days have passed since the date of death.
• The successor is entitled to the property being claimed.
• The court has not appointed a personal representative, and no application or petition for appointment is pending.

The Affidavit for Collection of Personal Property must be filled out and notarized. The person who completes the affidavit, called the “affiant,” is the only successor named in the document. A copy of the death certificate should be attached to the notarized document.

If transferring a motor vehicle, the affiant must file an Application for Title by Non-Probate Transfer with the Montana Department of Justice – Motor Vehicle Division.

The affiant will present a copy of the affidavit to any party in possession of the decedent’s property, who must then release the property to the affiant.^[4]