"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.

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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.

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Download "Small Estate Affidavit Form" - Montana

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Montana Small Estate Affidavit Form
I certify that all of the following statements are true in regard to the Estate of
_____________________________________ (hereinafter referred to as the “Decedent”)
who has deceased in the State of ____________________________________, County of
__________________________________.
1. Decedent, __________________________________, died on ___________________
_____________________ (date), in the County of ______________________________,
in the State of ______________________________________.
2. A copy of the Decedent’s death certificate will be submitted along with this affidavit.
3. My name is _______________________________________________.
4. I reside at __________________________________________________ in the City of
______________________________, in the State of ____________________________.
5. The value of the assets of the Decedent’s estate exceeds the estate’s known liabilities.
6. The value of the Decedent’s estate does not exceed the monetary limit of $__________
imposed by the State of __________________________________.
7. I am either an heir of the Decedent, and the Decedent left no will, o
I am a named devisee of the Decedent in the Decedent’s will.
8. More than ________ days have passed since the Decedent’s death.
9. There is no pending administration of the Decedent’s estate.
10. There is no reasonable expectation that probate of the Decedent’s estate is soon to
commence.
11. All heirs or devisees of the Decedent are listed below:
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Montana Small Estate Affidavit Form
I certify that all of the following statements are true in regard to the Estate of
_____________________________________ (hereinafter referred to as the “Decedent”)
who has deceased in the State of ____________________________________, County of
__________________________________.
1. Decedent, __________________________________, died on ___________________
_____________________ (date), in the County of ______________________________,
in the State of ______________________________________.
2. A copy of the Decedent’s death certificate will be submitted along with this affidavit.
3. My name is _______________________________________________.
4. I reside at __________________________________________________ in the City of
______________________________, in the State of ____________________________.
5. The value of the assets of the Decedent’s estate exceeds the estate’s known liabilities.
6. The value of the Decedent’s estate does not exceed the monetary limit of $__________
imposed by the State of __________________________________.
7. I am either an heir of the Decedent, and the Decedent left no will, o
I am a named devisee of the Decedent in the Decedent’s will.
8. More than ________ days have passed since the Decedent’s death.
9. There is no pending administration of the Decedent’s estate.
10. There is no reasonable expectation that probate of the Decedent’s estate is soon to
commence.
11. All heirs or devisees of the Decedent are listed below:
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__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
__________________________________
__________________________________
Name
Name
__________________________________
__________________________________
__________________________________
__________________________________
Address
Address
__________________________________
__________________________________
Relation
Relation
__________________________________
__________________________________
Phone
Phone
If more Heirs or Devisees continue in Attachment A.
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12. All heirs or devisees will be given notice of this affidavit within 30 days of filing.
13. All assets of the Decedent’s estate (whether real property or personal property,
whether community property or separate property) and the value of such assets are listed
below:
Asset
Value
Additional information
$________________
$________________
$________________
$________________
$________________
$________________
$________________
$________________
$________________
If more Assets continue in Attachment B.
14. All liabilities and debts of the Decedent’s estate, and what the estate owes each
creditor, are listed below:
Liability/Debt
Amount owed
Creditor information
$________________
$________________
$________________
$________________
$________________
$________________
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$________________
$________________
$________________
If more Liabilities/Debts continue in Attachment C.
15. The following heirs or devisees are entitled to the following property:
Heir or Devisee
Property
If more Liabilities/Debts continue in Attachment D.
16. This document is governed under the laws in the State of ______________________.
__________________________________
Affiant’s Signature
Signed and sworn to me on _________________________________________.
State of ______________________.
County of ________________________.
I, the undersigned authority in and for said County in said State, hereby certify that
____________________________________, whose name is signed as the Affiant in this
small estate affidavit, and who is known to me, acknowledged before me on this day that,
being informed of the contents of the said document, they executed the same voluntarily
on the day the same bears date.
Given under my hand on _____________________________________.
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_________________________________
_________________________________
Notary Public’s Printed Name
Date
_________________________________
_________________________________
Notary Public’s Signature
Commission Expiration Date
Note: in addition, your State may require the affidavit and signatures of two (2)
disinterested witnesses.
Witness 1
I have no interest in the estate of _________________________________, deceased, nor
am I related to the Decedent. The statements made in this affidavit are true to the best of
my knowledge.
_________________________________
_________________________________
Disinterested Witness’s Printed Name
Disinterested Witness’s Signature
Witness 2
I have no interest in the estate of _________________________________, deceased, nor
am I related to the Decedent. The statements made in this affidavit are true to the best of
my knowledge.
_________________________________
_________________________________
Disinterested Witness’s Printed Name
Disinterested Witness’s Signature
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