The Montana Small Estate Affidavit is an affidavit written by the successors of an estate when a family member has passed away with or without making a will. Below you can find out how to write a free Montana Small Estate Affidavit form, where to file the affidavit and the monetary and time limits involved.
A Montana small estate affidavit form, also known as a Montana Collection of Personal Property by Affidavit form, is used in the event that the decedent had a limited amount of assets. To qualify as a small estate in Montana, the estate in question must be valued at a maximum of $50,000. A Montana Small Estate Affidavit is only used for the collection of personal property.
Montana Small Estate Affidavit Requirements
- The decedent must be a resident of the State of Montana.
- Set forth in Montana Code Section 72-3-1101 – Collection of personal property by affidavit.
- The estate in question must be valued at less than $50,000.
- Thirty days have elapsed since the death of the decedent.
- Must be filed in the local probate court where the decedent resided.
How to Write a Montana Small Estate Affidavit Form
Start the affidavit by writing in the name of the county in Montana where the decedent resided and the name of the affiant. In Section 1, enter the name of the decedent and the date the decedent passed away. Next, fill in the address where the decedent resided.
Make sure that the answer to Section 3,4 and 5 is yes. In Section 6, list the personal property that is to be collected along with the value of each. And, make sure to attach a copy of the death certificate to the affidavit.
Free Montana Small Estate Affidavit Form
Once thirty days have passed, the affiant can now sign and date the affidavit in the presence of a notary to validate the document and go about the process of collecting the personal property from the decedent’s estate.
Fill out and print a free Montana Small Estate Affidavit online.