A Montana Affidavit for Collection of Personal Property of Decedent is a legal document used to transfer the personal property of a deceased person to a designated beneficiary. The document is used in Montana and requires the signature of an affine (person making the affidavit) who is familiar with the deceased person's estate and/or possessions. The affidavit must be signed in the presence of a notary public. There are two types of Montana Affidavit for Collection of Personal Property of Decedent: a Small Estate Affidavit and a Special Administration Affidavit. The Small Estate Affidavit is used when the value of the estate is below a certain amount, usually $50,000. The Special Administration Affidavit is used when the estate is more than the Small Estate Affidavit limit, or when there are unresolved issues regarding the estate. Both types of Montana Affidavit for Collection of Personal Property of Decedent require the affine to provide information about the decedent, including their full name, date of death, and last known address. The affine must also provide a list of the decedent's personal property, including any bank accounts, securities, real estate, vehicles, and other valuables. The affine must also provide evidence of the decedent's death, such as a copy of the death certificate or a newspaper obituary. Finally, the affine must provide evidence that they are the beneficiary of the decedent's estate.
Montana Affidavit for Collection of Personal Property of Decedent
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FAQ
How Long Do You Have to File Probate After a Death in Montana? ing to the Montana Uniform Probate Code, probate must be filed and closed within two years of the person's death.
Step 1 ? Wait 30 Days. At least thirty (30) days must have passed before the affidavit can be effective.Step 2 ? Identify Property. First, make a list of all personal property in the estate.Step 3 ? Fill out the Affidavit.Step 4 ? Collect the Property.
Everything that a person owns individually will be considered their property upon their death. This includes personal property such as cash, stocks, vehicles, clothes, furniture, and jewelry, as well as real property such as land and buildings.
Creditors must be given four months to submit claims for debts after the first publication of the notice in a local newspaper. The personal representative may choose to close the estate on a formal basis six months after his or her appointment if the creditor's claim period has expired.
Montana probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.