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Small Estate Affidavit Form - Montana
Montana Small Estate Affidavit Form: What Is It?
A Montana Small Estate Affidavit Form gives permission for an heir to successfully claim and collect an estate that they are legally within right to do after the original owner of that estate has passed away. By forming and using a Montana Small Estate Affidavit, the individual set to collect the property prevents a lengthy waiting time during the probate process.
It is also important to note that there is strict legislation concerning small estate affidavit forms in every state. Within each state the laws may differ, but nonetheless it is still important to abide by them. We have compiled all of the relevant laws for Montana and this information can be found in the list below:
- Legally, you may only file the document after a minimum of thirty days has gone by since the death of the person who originally owned the estate;
- The total, maximal value of the estate should not be greater than fifty thousand dollars (this is why the form works only with small estates);
- The main signing requirement states that the affidavit should be notarized by a notary public.
A fillable Montana Small Estate Affidavit template can be downloaded by clicking the link below.
How to File a Small Estate Affidavit in Montana?
If you need to file a Small Estate Affidavit in Montana, you can be assured that the process is easy and will not take up too much time. That is, providing that you are aware of the procedures and their chronological steps.
We have already discussed the laws above, now you need to be aware of what the filing process looks like:
- Firstly, you need to make sure that the minimal number of days since the death of the individual has passed. In Montana this is at least thirty days. We would also recommend confirming with the probate court to make sure that no personal representatives are to be appointed;
- Compile a detailed list of all assets within the estate. This includes everything other than land and any physical properties attached to the land. The total value should not be greater than the maximal permitted value of fifty thousand dollars. If a will was written, it should be used as the basis for distribution. If not, local state laws apply for succession;
- Download and fill in the form, making sure each form for each individual is notarized.
Download Small Estate Affidavit Form - Montana
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