Montana § 61-3-222 - Surviving Spouse Or Heir -- Small Estates

§ 61-3-222. Surviving Spouse Or Heir -- Small Estates

Surviving spouse or heir -- small estates. (1) Subject to the requirements of Title 72, chapter 3, part 11, the surviving spouse or other heir may secure transfer of a decedent's ownership interests in one or more motor vehicles, trailers, semitrailers, pole trailers, campers, motorboats, personal watercraft, sailboats, or snowmobiles for which a certificate of title was issued under this chapter if: (a) the value of the entire estate, including any vehicles, vessels, or snowmobiles for which transfer of ownership is sought, less liens and encumbrances, does not exceed the limit set forth in 72-3-1101 ; (b) the decedent did not leave other property that requires the procuring of letters of administration or letters testamentary; and (c) the decedent did not by execution of a will otherwise bequeath the property. (2) The person seeking transfer of the decedent's interests under this section shall file an affidavit with the department setting forth the fact of survivorship, the name and address of any other heirs, and any other facts determined necessary to entitle the person to the transfer. (3) If the department determines that the transfer is regular and that all legal requirements have been met, the department shall issue a certificate of title, subject to any security interests shown by the department's records, to the surviving spouse or other heir.