In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.

For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.

And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.

Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.

In Montana, the law provides a simplified process for administering small estates through the use of a Small Estate Affidavit or a Summary Administration procedure. Under Montana Code Annotated § 72-3-1101, if the value of the entire estate, less liens and encumbrances, does not exceed a certain amount (which is subject to change and should be verified with current statutes or an attorney), the successors may use an affidavit to collect the property without formal probate. The affidavit can be used 30 days after the decedent's death and must state that the estate qualifies as a small estate and that the successor is entitled to the property. Additionally, Montana law provides for a Summary Administration process for estates that do not exceed a higher threshold in value, which allows for a more expedited probate process. It's important to consult with an attorney to understand the current thresholds for these procedures and to ensure compliance with all legal requirements.