Montana executor and estate paperwork checklist

This is an organizer, not legal advice. An estate attorney or the county probate/surrogate office answers questions about your situation.

The first 30 days

Work down the list; nothing you tick is saved or sent. The steps are general, the dates come from the official pages.

1. Get several certified copies of the death certificateThe funeral home can usually order them, or the vital records office can. Each bank, insurer and pension plan may ask for its own.
2. Check that Social Security has been toldThe funeral home usually reports it. Otherwise call 1-800-772-1213 (TTY 1-800-325-0778), and ask about the $255 lump-sum death payment for a surviving spouse or some children.
3. Locate the signed will and any changesThe signed original matters more than a copy. Keep it whole and somewhere safe, and note who else has a copy.
4. See whether a self-proving affidavit is attachedIt's a sworn page signed by the witnesses, usually at the end of the will; the rule for this state is below.
5. Secure the home, car and mailLock up, keep the insurance in force, photograph valuables and forward the mail to yourself.
6. Pause before paying creditors or dividing keepsakesWho may act, and in what order bills get paid, depends on the route. Ask before you spend or distribute anything.
7. Stop using the person's power of attorneyA power of attorney ends at the principal's death, so an agent under it can't act for the estate.
8. Write down every asset and debtFor each, record whose name it's in and whether a beneficiary or co-owner is listed; those usually go straight to that person.
9. Check the total against $100,000The official page's small estate figure. Leave out anything the page says isn't counted.
10. Mark day 30 after the deathThe small estate route opens 30 days after the death, per the official page.
11. Open a simple money logOne line per payment or deposit, with the date, who, how much and the receipt. It makes the final accounting easy.
12. When appointed, get an EIN and open an estate accountPay estate bills from that account only. Form 1041 is due if the estate has more than $600 of gross income in a year (IRS).

Sources for the federal steps: Social Security Administration: When someone dies · IRS: Deceased taxpayers, filing the estate income tax return (Form 1041) · power of attorney: Power of attorney at a real estate closing.

The small estate route

• ConfirmedSmall estate limit

  The probate estate, wherever located, less liens and encumbrances, up to $100,000 (amended 2023). The section covers personal property only; it doesn't transfer real estate.

  "does not exceed $100,000"

  Sources: MCA 72-3-1101, Collection of personal property by affidavit (Montana Legislature); Montana Judicial Branch: Wills, trusts, estate planning and probate forms; Nolo (secondary source): Probate Shortcuts in Montana (Nolo, updated 5/01/2024); Affidavit for Collection of Personal Property (Beaverhead County, Montana, citing MCA 72-3-1101), checked November 2026

• ConfirmedReal estate

  Real estate isn't counted, and the affidavit doesn't transfer it; it needs its own route.

  Sources: MCA 72-3-1101, Collection of personal property by affidavit (Montana Legislature); Montana Judicial Branch: Wills, trusts, estate planning and probate forms; Nolo (secondary source): Probate Shortcuts in Montana (Nolo, updated 5/01/2024); Affidavit for Collection of Personal Property (Beaverhead County, Montana, citing MCA 72-3-1101), checked November 2026

• ConfirmedWaiting period after the death

  30 days. Thirty days after the death.

  "30 days have elapsed since the death of the decedent"

  Sources: MCA 72-3-1101, Collection of personal property by affidavit (Montana Legislature); Montana Judicial Branch: Wills, trusts, estate planning and probate forms; Nolo (secondary source): Probate Shortcuts in Montana (Nolo, updated 5/01/2024); Affidavit for Collection of Personal Property (Beaverhead County, Montana, citing MCA 72-3-1101), checked November 2026

• ConfirmedNotary or oath

  Signed before a notary. Sworn and notarized, as Nolo's summary of MCA 72-3-1101 and 72-3-1102 describes it.

  "After signing the document (and swearing to its truthfulness) and having it notarized"

  Sources: MCA 72-3-1101, Collection of personal property by affidavit (Montana Legislature); Nolo (secondary source): Probate Shortcuts in Montana (Nolo, updated 5/01/2024); Affidavit for Collection of Personal Property (Beaverhead County, Montana, citing MCA 72-3-1101), checked November 2026

• ConfirmedWhere the paperwork goes

  Handed to the bank or other holder. Presented to whoever owes the debt or holds the property; no court filing.

  Sources: MCA 72-3-1101, Collection of personal property by affidavit (Montana Legislature); Montana Judicial Branch: Wills, trusts, estate planning and probate forms; Nolo (secondary source): Probate Shortcuts in Montana (Nolo, updated 5/01/2024); Affidavit for Collection of Personal Property (Beaverhead County, Montana, citing MCA 72-3-1101), checked November 2026

• ConfirmedOfficial form

  Affidavit for Collection of Personal Property packet. Listed on the Judicial Branch's end-of-life forms page, with a separate small estate packet.

  Source: MCA 72-3-1101, Collection of personal property by affidavit (Montana Legislature) (official form), checked November 2026

• ConfirmedSimplified court procedure

  Summary administration: As Nolo's summary describes it: when the estate, less liens, is no more than the homestead, exempt property and family allowances plus administration, funeral and last-illness costs, the personal representative distributes right away without notice to creditors and files a closing statement.

  Source: Nolo (secondary source): Probate Shortcuts in Montana (Nolo, updated 5/01/2024), checked November 2026

• ConfirmedWorth knowing

  The Department of Revenue can refund unclaimed property of $5,000 or less regardless of the estate's value.

  Sources: MCA 72-3-1101, Collection of personal property by affidavit (Montana Legislature); Montana Judicial Branch: Wills, trusts, estate planning and probate forms; Nolo (secondary source): Probate Shortcuts in Montana (Nolo, updated 5/01/2024); Affidavit for Collection of Personal Property (Beaverhead County, Montana, citing MCA 72-3-1101), checked November 2026

The will at probate

Signing rules for wills, as they bear on getting the will accepted.

• ConfirmedWitnesses the will needed

  Signed by at least two individuals, each of whom signs within a reasonable time after seeing the signing or the testator's acknowledgment (MCA 72-2-522, 2022 code text on Justia).

  "signed by at least two individuals"

  Source: Justia (statute text) (secondary source): MCA 72-2-522, Execution; witnessed wills; holographic wills (2022 Montana Code Annotated, Justia), checked November 2026

• ConfirmedSelf-proving affidavit

  Allowed. Per Nolo (citing MCA 72-2-524), the testator and witnesses sign an affidavit before a notary. A notary isn't needed for the will itself.

  Source: Nolo (secondary source): How to Make a Will in Montana (Nolo), checked November 2026

• ConfirmedIf the will is handwritten

  Recognized, with or without witnesses, if the signature and material portions are in the testator's handwriting.

  "is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting"

  Sources: Justia (statute text) (secondary source): MCA 72-2-522, Execution; witnessed wills; holographic wills (2022 Montana Code Annotated, Justia); Nolo (secondary source): How to Make a Will in Montana (Nolo); Justia (statute text) (secondary source): MCA 72-2-521, Who may make a will (2021 Montana Code Annotated, Justia), checked November 2026

• ConfirmedA witness who inherits

  An interested witness may sign; Nolo's summary of MCA 72-2-525 still advises using witnesses who don't inherit.

  "Montana allows 'interested' witnesses who stand to inherit something in the will to serve as witnesses"

  Source: Nolo (secondary source): How to Make a Will in Montana (Nolo), checked November 2026

Documents to gather

• Recent bank, brokerage and retirement statements
• Life insurance policies and annuities
• The last few years of tax returns
• Recent bills, loan and credit card statements
• Pension, Social Security and benefit letters
• Safe deposit box location and keys
• Certified death certificates
• The original will and any codicils
• Deeds and mortgage statements
• Vehicle titles and registrations
• The official small estate form: Affidavit for Collection of Personal Property packet

Who to notify

Credit card companies, Pension or employer, Social Security (if the funeral home hasn't), Banks and credit unions, Brokerage and retirement accounts, Life insurance companies, Utilities and phone, Landlord or mortgage servicer. A brief letter and a copy of the death certificate usually start each one; note the date and the person you reached.

Documents needed abroad

• ConfirmedA death certificate needed abroad

  Apostilles for this state's documents come from the Montana Secretary of State. $10 per document, non-refundable. Vital records: Certified by the vital records administrator or the clerk and recorder.

  Source: Montana Secretary of State, checked November 2026

Where to ask

An estate attorney or the county probate/surrogate office answers questions about your situation. Official pages for Montana:

• Montana Judicial Branch: Wills, trusts, estate planning and probate forms
• Probate Shortcuts in Montana (Nolo, updated 5/01/2024)
• Affidavit for Collection of Personal Property packet

General information, not legal, tax or financial advice. We are not lawyers, and MCC Solutions is not a law firm. An estate attorney or the county probate/surrogate office answers questions about your situation. Facts checked November 2026.

Common questions

Related: Executor guide by state · Will signing requirements · Apostille steps · Estate paperwork help