Montana Code 61-3-222. Surviving spouse or heir — small estates
61-3-222. 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:
Terms Used In Montana Code 61-3-222
- Bequeath: To gift property by will.
- Certificate of title: means the paper record issued by the department or by the appropriate agency of another jurisdiction that establishes a verifiable record of ownership between an identified person or persons and the motor vehicle specifically described in the record and that provides notice of a perfected security interest in the motor vehicle. See Montana Code 61-1-101
- Decedent: A deceased person.
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
- Personal watercraft: means a vessel that uses an outboard motor or an inboard engine powering a water jet pump as its primary source of propulsion and that is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than by the conventional method of sitting or standing in the vessel. See Montana Code 61-1-101
- Property: means real and personal property. See Montana Code 1-1-205
(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.