Yes, a notary is required.
Sworn and notarized, as Nolo's summary of MCA 72-3-1101 and 72-3-1102 describes it.
In the source's wording
"After signing the document (and swearing to its truthfulness) and having it notarized"
From the sources listed below, checked November 2026.
What else the signing needs
- Value 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"
- Waiting period
- Thirty days after the death.
"30 days have elapsed since the death of the decedent"
- Where it goes
- Presented to whoever owes the debt or holds the property; no court filing.
- Official 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. Open the official form
- Other simplified route
- 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.
Next step
Sign by video with our New Jersey notary while you're in Montana, 7 AM to 9 PM Eastern, seven days a week, by appointment. New Jersey law lets a New Jersey notary notarize for a signer located in another state (N.J.S.A. 52:7-10.10). How Montana treats it: Montana gives a notarial act performed in another state by a qualifying officer the same effect as if a Montana notarial officer performed it. More on Montana signers.
Handling an estate from far away? Estate paperwork help near where the estate is.
Ask the bank, holder or court that will receive the affidavit whether it accepts an electronically notarized one.
Notarize it online ($50 per session) Request a mobile notary in Montana
Booking sends a request; we confirm the time and the price before you pay.
In person, we look for a notary commissioned in Montana near you; you approve the price first.
If a local notary in Montana does it: Each notarial act (acknowledgment, jurat, signature witnessing, copy certification and others), $10, under the state's fee rules (Montana notary fees).
Get it notarized online today
Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email
A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment.
What you need
- A valid government photo ID
- A computer or phone with a camera
- The unsigned document
Our certificate states the act was performed using communication technology, as New Jersey law requires. What it must say
Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. What to ask them · Several signers
Sources
- MCA 72-3-1101, Collection of personal property by affidavit (Montana Legislature) (checked November 2026)
- Montana Judicial Branch: Wills, trusts, estate planning and probate forms (checked November 2026)
- Nolo (secondary source): Probate Shortcuts in Montana (Nolo, updated 5/01/2024) (checked November 2026)
- Affidavit for Collection of Personal Property (Beaverhead County, Montana, citing MCA 72-3-1101) (checked November 2026)
Sourced from official pages; a few facts from vetted secondary sources, marked "(secondary source)".
We are not lawyers, and this is general information, not legal advice. Checked November 2026. Rules change, and whoever receives the document decides what it accepts; we can't guarantee acceptance.
Common questions
Is a notary required for a Montana small estate affidavit?
Yes, a notary is required. Sworn and notarized, as Nolo's summary of MCA 72-3-1101 and 72-3-1102 describes it.
What is the small estate limit in Montana?
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.
How long after a death can the Montana affidavit be used?
Thirty days after the death.
Is the Montana affidavit filed with a court?
Presented to whoever owes the debt or holds the property; no court filing.
Can I sign the Montana affidavit with an online notary?
Our New Jersey notary can notarize it by video while you're in Montana. Montana gives a notarial act performed in another state by a qualifying officer the same effect as if a Montana notarial officer performed it. Ask the bank, holder or court that will receive it whether it accepts an electronically notarized affidavit.
What does a notary charge in Montana?
Up to $10 per notarial act, under the state's fee rules. A mobile notary may add a travel fee; ask for the total first.
Keep going
- Eligibility checker
- Small estate rules in every state
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- A will in Montana
A small estate affidavit in another state: Missouri · Nebraska · every state