Montana Affidavit That All the Estate Assets Have Been Distributed to Devisees by Executor or Estate Representative with Statement Concerning Debts and Taxes

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Multi-State
Control #:
US-OG-015
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Word; 
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Description

Some states do not provide for the formal closing of an estate, or that an order by entered to that effect. On being advised that an estate has been closed, and distribution of the estate's assets are to be made to devisees, a purchaser of production may request some evidence that all debts and taxes have been paid or provided for. This Affidavit provides evidence that an estate is closed, and debts and taxes are paid or provided for.

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FAQ

The entire estate of the person who died, after subtracting liens and encumbrances, is not worth more than $50,000. No application or petition for the appointment of a personal representative for this estate is pending or has been granted by any court.

The cost of setting up a trust in Montana varies depending on the complexity of the trust and the attorney's fees. A basic Revocable Living Trust generally ranges from $1,000 to $3,000. More complex trusts can cost several thousand dollars more.

In informal, formal and supervised probate procedures, creditors must be given four months to submit claims for debts after the first publication of the notice in a local newspaper.

The final account distributes all remaining assets of the estate. The estate account must show a zero balance on hand. The fiduciary must file an originally signed Tax Certificate with the final account. A final account will not be approved until six months have elapsed from the date of qualification.

An estate skips probate in Montana if it's less than $50,000. Avoiding the probate process could be beneficial for an estate's heirs, as the probate process in Montana can be long and expensive.

Under Montana's probate laws, you can distribute certain types of property and assets without a probate court's approval. They include: Accounts with a named beneficiary, such as life insurance policies and retirement funds. Assets and property that is held in a living trust.

Probate is the administrative process of settling an estate whether the decedent died with or without a will. If appointed, the personal representative named in your will has the responsibility of settling your estate ing to the provisions of it and Montana law.

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Montana Affidavit That All the Estate Assets Have Been Distributed to Devisees by Executor or Estate Representative with Statement Concerning Debts and Taxes