Lincoln County District Court Guide

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. The affidavit is NOT filed with the court and there is no court fee. The measure is the value of the PROBATE estate, wherever located, less liens and encumbrances: $100,000 or less for deaths on or after October 1, 2023 (2023 Ch. 453, SB 286, effective on the Mont. Code Ann. 1-2-201(1)(a) default date), $50,000 before. Real property in the probate estate counts toward the figure but cannot be transferred by the affidavit. The holder who pays in good faith is discharged as if it dealt with a personal representative (72-3-1102). The State Law Library publishes an unnumbered "Affidavit for Collection of Personal Property 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 (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
• The affidavit is given 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 $100,000 figure is not indexed. Its $5,000 subsection (2) is a Department of Revenue unclaimed-property refund, not a second small-estate tier.

Where the inventory and appraisal show the estate fits within that sum, the personal representative may immediately disburse and distribute the estate without giving notice to creditors, and close by a verified statement under Mont. Code Ann. 72-3-1104. This route closes an estate that has already been opened, so a personal representative is already appointed and the $100 commencement fee has already 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
• Distribute to the persons entitled
• File the 72-3-1104 closing statement and send it to distributees and known unpaid claimants

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, reasonable funeral expenses, and reasonable and necessary last-illness medical and hospital expenses.

Attorney:

not required by law, though many families use one

A way of closing an estate cheaply rather than of opening one cheaply. Montana has no separate surviving-spouse summary route.

An uncontested estate is usually opened by an application for informal probate and informal appointment filed with the Lincoln County clerk of district court, who makes the statutory findings and, once at least 120 hours have passed since the death, appoints the applicant (Mont. Code Ann. 72-3-212, 72-3-222, 72-3-225); a nonresident decedent's appointment waits 30 days unless the domiciliary personal representative applies. Notice of an informal application goes 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 (72-3-211, 72-3-221). A formal testacy or appointment proceeding is heard by the district judge on notice (72-3-301). Supervised administration keeps the estate under the continuing authority of the court (72-3-401). Probate and appointment proceedings may not start more than 3 years after the death, with the exceptions in 72-3-122. The inventory is due within 9 months after appointment (72-3-607) and a closing statement cannot be filed earlier than 6 months after appointment (72-3-1004).

• File the application or petition with the clerk of district court in Lincoln County if the decedent was domiciled here at death
• Lodge the original will, if there is one, and a certified death certificate
• Within 30 days of appointment, tell the heirs and devisees (Mont. Code Ann. 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)
• Wait at least 6 months from 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, formal and supervised are procedures, not fee tiers: each opens for the same $100 commencement fee. If an estate is not closed within 2 years of appointment, 72-3-1015 has the judge order the personal representative and attorney to show cause.

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