---
title: "Montana Executor Checklist: First 30 Days | MCC Solutions"
description: "Montana executor checklist: first 30 days, up to $100,000 small estate limit, 30-day wait, notarized affidavit, 2 will witnesses, official court links."
url: "https://mcc-solutionsnj.com/notary/montana-executor-checklist"
---

Executor checklist · Montana

# Montana executor and estate paperwork checklist

The first 30 days, the small estate route, the will at probate, and the official pages to ask, from this state's own court and statute pages.

**Quick answer.** In the first 30 days, an executor in Montana orders certified death certificates, finds the original will, secures the home, car and mail, lists what the person owned and owed, and holds off on paying debts until it's clear who has authority. For the small estate route, Montana's official pages give a limit of up to $100,000, a 30-day wait after the death and a notarized affidavit; the paperwork goes to the bank or other holder.

✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials)

**Short answer.** Montana: up to $100,000 small estate limit; 30-day wait; notarized affidavit; handed to the bank or holder; 2 will witnesses; self-proving affidavit allowed. 11 of 11 state facts below are confirmed on official pages.

**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.

- **Get several certified copies of the death certificate**The funeral home can usually order them, or the vital records office can. Each bank, insurer and pension plan may ask for its own.
- **Check that Social Security has been told**The 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.
- **Locate the signed will and any changes**The signed original matters more than a copy. Keep it whole and somewhere safe, and note who else has a copy.
- **See whether a self-proving affidavit is attached**It's a sworn page signed by the witnesses, usually at the end of the will; the rule for this state is below.
- **Secure the home, car and mail**Lock up, keep the insurance in force, photograph valuables and forward the mail to yourself.
- **Pause before paying creditors or dividing keepsakes**Who may act, and in what order bills get paid, depends on the route. Ask before you spend or distribute anything.
- **Stop using the person's power of attorney**A power of attorney ends at the principal's death, so an agent under it can't act for the estate.
- **Write down every asset and debt**For each, record whose name it's in and whether a beneficiary or co-owner is listed; those usually go straight to that person.
- **Check the total against $100,000**The official page's small estate figure. Leave out anything the page says isn't counted.
- **Mark day 30 after the death**The small estate route opens 30 days after the death, per the official page.
- **Open a simple money log**One line per payment or deposit, with the date, who, how much and the receipt. It makes the final accounting easy.
- **When appointed, get an EIN and open an estate account**Pay 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](https://ssa.gov/personal-record/when-someone-dies) · [IRS: Deceased taxpayers, filing the estate income tax return (Form 1041)](https://www.irs.gov/individuals/deceased-taxpayers-filing-the-estate-income-tax-return-form-1041) · power of attorney: [Power of attorney at a real estate closing](/notary/guides/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)](https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0110/section_0010/0720-0030-0110-0010.html); [Montana Judicial Branch: Wills, trusts, estate planning and probate forms](https://courts.mt.gov/forms/endoflife); [Nolo (secondary source): Probate Shortcuts in Montana (Nolo, updated 5/01/2024)](https://www.nolo.com/legal-encyclopedia/montana-probate-shortcuts-32084.html); [Affidavit for Collection of Personal Property (Beaverhead County, Montana, citing MCA 72-3-1101)](https://beaverheadcountymt.gov/wp-content/uploads/2026/05/Probate-affidavit-for-collection.pdf), 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)](https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0110/section_0010/0720-0030-0110-0010.html); [Montana Judicial Branch: Wills, trusts, estate planning and probate forms](https://courts.mt.gov/forms/endoflife); [Nolo (secondary source): Probate Shortcuts in Montana (Nolo, updated 5/01/2024)](https://www.nolo.com/legal-encyclopedia/montana-probate-shortcuts-32084.html); [Affidavit for Collection of Personal Property (Beaverhead County, Montana, citing MCA 72-3-1101)](https://beaverheadcountymt.gov/wp-content/uploads/2026/05/Probate-affidavit-for-collection.pdf), 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)](https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0110/section_0010/0720-0030-0110-0010.html); [Montana Judicial Branch: Wills, trusts, estate planning and probate forms](https://courts.mt.gov/forms/endoflife); [Nolo (secondary source): Probate Shortcuts in Montana (Nolo, updated 5/01/2024)](https://www.nolo.com/legal-encyclopedia/montana-probate-shortcuts-32084.html); [Affidavit for Collection of Personal Property (Beaverhead County, Montana, citing MCA 72-3-1101)](https://beaverheadcountymt.gov/wp-content/uploads/2026/05/Probate-affidavit-for-collection.pdf), 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)](https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0110/section_0010/0720-0030-0110-0010.html); [Nolo (secondary source): Probate Shortcuts in Montana (Nolo, updated 5/01/2024)](https://www.nolo.com/legal-encyclopedia/montana-probate-shortcuts-32084.html); [Affidavit for Collection of Personal Property (Beaverhead County, Montana, citing MCA 72-3-1101)](https://beaverheadcountymt.gov/wp-content/uploads/2026/05/Probate-affidavit-for-collection.pdf), 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)](https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0110/section_0010/0720-0030-0110-0010.html); [Montana Judicial Branch: Wills, trusts, estate planning and probate forms](https://courts.mt.gov/forms/endoflife); [Nolo (secondary source): Probate Shortcuts in Montana (Nolo, updated 5/01/2024)](https://www.nolo.com/legal-encyclopedia/montana-probate-shortcuts-32084.html); [Affidavit for Collection of Personal Property (Beaverhead County, Montana, citing MCA 72-3-1101)](https://beaverheadcountymt.gov/wp-content/uploads/2026/05/Probate-affidavit-for-collection.pdf), 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)](https://courts.mt.gov/external/library/forms/probate/collection_personal_property.doc), 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)](https://www.nolo.com/legal-encyclopedia/montana-probate-shortcuts-32084.html), 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)](https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0110/section_0010/0720-0030-0110-0010.html); [Montana Judicial Branch: Wills, trusts, estate planning and probate forms](https://courts.mt.gov/forms/endoflife); [Nolo (secondary source): Probate Shortcuts in Montana (Nolo, updated 5/01/2024)](https://www.nolo.com/legal-encyclopedia/montana-probate-shortcuts-32084.html); [Affidavit for Collection of Personal Property (Beaverhead County, Montana, citing MCA 72-3-1101)](https://beaverheadcountymt.gov/wp-content/uploads/2026/05/Probate-affidavit-for-collection.pdf), 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)](https://law.justia.com/codes/montana/2022/title-72/chapter-2/part-5/section-72-2-522/), 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)](https://www.nolo.com/legal-encyclopedia/montana-make-will-31751.html), 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)](https://law.justia.com/codes/montana/2022/title-72/chapter-2/part-5/section-72-2-522/); [Nolo (secondary source): How to Make a Will in Montana (Nolo)](https://www.nolo.com/legal-encyclopedia/montana-make-will-31751.html); [Justia (statute text) (secondary source): MCA 72-2-521, Who may make a will (2021 Montana Code Annotated, Justia)](https://law.justia.com/codes/montana/2021/title-72/chapter-2/part-5/section-72-2-521/), 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)](https://www.nolo.com/legal-encyclopedia/montana-make-will-31751.html), checked November 2026

## Want us to handle it?

We order certified records, pick up and deliver documents, get the small estate affidavit signed and notarized, and file papers near where the estate is, in any state. We are not lawyers.

**Price:** Quote-based, from $199 per job plus government and court fees at cost. Starting rates. Your exact price is quoted after we confirm a local notary/runner, before you pay.

[Ask for estate paperwork help](/notary/estate-paperwork-help-out-of-state#request)

## 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](https://sosmt.gov/apostilles-authentications/), 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](https://courts.mt.gov/forms/endoflife)
- [Probate Shortcuts in Montana (Nolo, updated 5/01/2024)](https://www.nolo.com/legal-encyclopedia/montana-probate-shortcuts-32084.html)
- [Affidavit for Collection of Personal Property packet](https://courts.mt.gov/external/library/forms/probate/collection_personal_property.doc)

Montana kit

## Montana Executor and Estate Kit

This checklist as printable Word and PDF files: a start-here guide, the first 30 days, the small estate route with its official links, a documents and accounts tracker, plain notification letters (bank, utilities, Social Security), and an Excel estate ledger for assets, debts, payments and distributions.

[Get the kit, $25](/toolkits/mt-executor-kit)

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

**Is there a small estate route in Montana?**

On the official pages we read: 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. Handed to the bank or other holder. Presented to whoever owes the debt or holds the property; no court filing.

**How soon after the death can the Montana small estate paperwork be used?**

30 days. Thirty days after the death.

**Does the small estate paperwork in Montana need a notary?**

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

**Is there an official Montana 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. Link: https://courts.mt.gov/external/library/forms/probate/collection_personal_property.doc

**How many witnesses did a will in Montana need?**

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).

**What about a self-proving affidavit in Montana?**

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.

**Who answers questions about an estate in Montana?**

An estate attorney or the county probate/surrogate office answers questions about your situation. The official pages behind this checklist: Montana Judicial Branch: Wills, trusts, estate planning and probate forms. Remember the 30-day wait before the small estate route.

Related: [Executor guide by state](/notary/executor-guide-by-state) · [Will signing requirements](/notary/will-signing-requirements-montana) · [Apostille steps](/notary/apostille-montana) · [Estate paperwork help](/notary/estate-paperwork-help-out-of-state)

## Family far from the estate?

[See estate paperwork help](/notary/estate-paperwork-help-out-of-state)[Call (908) 444-6373](tel:+19084446373)