Official Montana Small Estate Affidavit Template Open Small Estate Affidavit Online

Official Montana Small Estate Affidavit Template

The Montana Small Estate Affidavit is a legal document that allows individuals to claim assets of a deceased person without going through the lengthy probate process. This form simplifies the transfer of property for estates valued below a certain threshold, making it accessible for families during a challenging time. Understanding how to properly utilize this affidavit can significantly ease the burden of settling a loved one’s estate.

In Montana, the Small Estate Affidavit form serves as a practical tool for individuals navigating the probate process for smaller estates. This form allows eligible heirs or beneficiaries to claim the deceased person's assets without the need for a formal probate proceeding, which can be time-consuming and costly. Typically, estates valued at less than $50,000 may qualify for this streamlined process. The affidavit must be completed and signed by the rightful heirs, affirming their relationship to the deceased and their entitlement to the estate's assets. Additionally, the form requires the inclusion of information such as the deceased's date of death, the estimated value of the estate, and a list of the assets involved. By utilizing this affidavit, individuals can efficiently access funds and property, ensuring a smoother transition during a challenging time. Understanding the requirements and implications of the Small Estate Affidavit is essential for those seeking to manage the affairs of a loved one who has passed away.

Montana Small Estate Affidavit Preview

Montana Small Estate Affidavit

Pursuant to the provisions of the Montana Uniform Probate Code, specifically Montana Code Annotated § 72-3-1101 to § 72-3-1104, this affidavit is for the collection of personal property of a deceased individual who was a resident of the State of Montana at the time of death.

Section 1: Deceased Information

Full Name of Deceased: __________________________________________

Date of Death: _______________________(MM/DD/YYYY)

Last Address: ___________________________________________________

County of Residence: ________________________

Section 2: Affiant Information

Full Name of Affiant: ____________________________________________

Relationship to Deceased: ________________________________________

Address: ________________________________________________________

Phone Number: _____________________ Email: ______________________

Section 3: Asset Information

Please provide a detailed description of the personal property and/or vehicles of the deceased that are subject to this affidavit. Include any financial accounts, mentioning the account numbers, and the estimated value of each asset.

  1. Asset Description: _________________________ Value: $__________
  2. Asset Description: _________________________ Value: $__________
  3. Asset Description: _________________________ Value: $__________

Section 4: Declarations

The undersigned affirms that:

  • All statements contained in this affidavit are true and correct to the best of my knowledge.
  • The value of the entire estate subject to administration does not exceed the statutory limit provided under Montana law.
  • At least 30 days have elapsed since the death of the decedent.
  • No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.
  • The claiming successor is entitled to payment or delivery of the property.

Section 5: Signature

I, the undersigned, declare under penalty of perjury under the laws of the State of Montana that the foregoing is true and correct.

______________________________________
Signature of Affiant

Date: _______________(MM/DD/YYYY)

Notary Public

State of __________________

County of _________________

Subscribed and sworn to (or affirmed) before me on this ____ day of ____________, 20__ by ____________________________, proved to me on the basis of satisfactory evidence to be the person who appeared before me.

______________________________________
Signature of Notary Public

Print Name: ___________________________

My commission expires: ________________

Form Specifications

Fact Name Details
Purpose The Montana Small Estate Affidavit allows individuals to claim assets of a deceased person without going through probate.
Eligibility The total value of the estate must be $50,000 or less, excluding certain assets like real estate.
Governing Law This form is governed by Montana Code Annotated, Title 72, Chapter 3, Part 6.
Who Can Use It Heirs or beneficiaries of the deceased can use the Small Estate Affidavit to collect assets.
Filing Requirements The affidavit must be signed under oath and may need to be notarized.
Asset Types Assets that can be claimed include bank accounts, personal property, and vehicles.
Timeframe There is no specific timeframe to file the affidavit, but it should be done promptly after death.
Limitations The Small Estate Affidavit cannot be used if there is a will that requires probate.
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