Updated September 3, 2026. Quick answer: in Montana, an estate can use collection of personal property by affidavit when the qualifying value is $100,000 or less. Whether real property passes that way is not settled in the official text we could read this session; treat that as an open question, not a yes.
What this guide covers
Whether probate is required in Montana turns on two questions: does the estate qualify for a small-estate shortcut, and does that shortcut reach whatever real property is involved. This page answers both for Montana, with the statute cited, and then covers what full probate costs if the shortcut does not apply.
The affidavit route, and its limit
Montana’s route: collection of personal property by affidavit, under Mont. Code Ann. § 72-3-1101.
$100,000 value of the probate estate, less liens and encumbrances.
the value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000, except as provided in subsection (2);
(Mont. Code Ann. § 72-3-1101)
The real-estate problem
What could not be verified: S 72-3-1101 states the value test without addressing real property. We are not printing a yes-or-no here because we do not have the text to support one; check with Montana’s probate court or a local attorney before relying on the small-estate route for real property.
What probate costs in Montana if it is required
Montana’s probate fees and attorney-compensation rules are their own topic, worked through in full on Montana probate cost.
If a trust fits your situation in Montana
In Montana the statute does not clearly settle whether the small-estate route reaches real property, which is itself a reason not to lean on it for a house; a funded revocable living trust removes the ambiguity, and LawDepot builds a state-specific one.
Build a living trust at LawDepot
LawDepot pays us a commission if you buy through this link; it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
The order to work through it
List what Montana residents typically own and how each item is titled. Remove everything with a living named beneficiary, a surviving joint owner, or a trust already holding it. If what remains is $100,000 or less, collection of personal property by affidavit is the route to look at. If real property remains in sole name, confirm the real-property rule above applies to what you own.
The general rule: when probate is required. Thresholds elsewhere: small estate limits by state. Montana’s own small-estate mechanics: Montana small estate affidavit.
Statutory text read at Montana’s own legislature or official code publisher. General information, not legal advice; fee statutes and thresholds change and a court retains the final say on what qualifies.
General information drawn from state statutes and official court materials, not legal advice. Whether probate is required is STATE law and differs in every state; thresholds, what the small-estate route reaches, and probate costs all change, and every figure here is sourced and dated. We are not a law firm and this is not legal advice.