Montana Affidavit For Collection Of Personal Property

State:
Montana
Control #:
MT-CLOSE8
Format:
Word; 
Rich Text
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Description

The Montana Affidavit for Collection of Personal Property is a legal document associated with the sale of real estate in Montana, affirming the seller's ownership and the condition of the property. It requires sellers to confirm their age, marital status, lack of liens, and no outstanding claims or disputes related to the property. The form must be completed with details about any taxes, liens, or improvements made within the last 60 days. It is crucial for ensuring that the property is free of legal complications, which can impact the sale process. This affidavit serves as a form of protection for buyers, lenders, and title insurance companies. Attorneys, partners, owners, associates, paralegals, and legal assistants can use this form in real estate transactions to provide necessary disclosures and safeguard against future legal issues. Proper filling out is imperative, with emphasis on clarity and truthfulness, as false statements can lead to penalties. The form should be signed in the presence of a notary public to validate its authenticity.
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FAQ

AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY UNDER CALIFORNIA PROBATE CODE SECTIONS 13100-13106.

Montana Summary: Under Montana statute, where as estate is valued at less than $50,000, an interested party may, thirty (30) days after the death of the decedent, issue a small estate affidavit to to demand payment on any debts owed to the decedent.

Settling an Estate in MontanaThe will is filed with the county court where the decedent lived along with a petition to open probate. Someone will be appointed to be the executor of the estate. If the will names someone, the court will need to approve them. Otherwise, the court will appoint a person to the role.

A personal representative must be 18 or more years of age. A Montana personal representative need not be a resident of the same county or state as the deceased. For example, he or she may be a resident of Glendive and serve as a personal representative in Helena.

All that is necessary is an affidavit to be presented to the court, but the estate must be worth less than $50,000. Formal probate is lengthier and more complex, but it also has two categories: supervised and unsupervised. With supervised probate, the court will oversee all actions of the executor.

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Montana Affidavit For Collection Of Personal Property