Montana Small Estate Affidavit | Affidavit of Heirship

According to Montana’s statutes, a person who owns property in the state and passes away without a will would normally have their estate go to probate court. However, if the estate is simple and “small,” meaning less than $50,000 total, successors can file either an affidavit of heirship or a small estate affidavit to claim the decedent’s property and distribute it as the family or other heirs see fit. The affidavits can be filed 30 days after the decedent’s passing, and the successors can claim bank accounts, stock, real estate, heirlooms, or other financial or real property obligations.

Affidavit of Heirship: According to Montana’s revised probate statutes, if a loved one passes away in the state without a last will and testament, successors may file an affidavit of heirship to claim personal property and avoid probate court, as long as the estate does not exceed $50,000 in value.

Small Estate Affidavit: Grieving successors may use Montana’s revised heirship statutes to avoid probate court, which can be time-consuming and expensive, as long as the real estate does not exceed $50,000 in value. The small estate affidavit allows successors to claim and distribute real estate 30 days after their loved one passes away.



Adobe PDF | Microsoft Word (.doc)

If an individual dies without a will, then the family or other successors can file an affidavit of heirship to claim the loved one’s property. According to Montana statute 72-3-1101, successors can claim personal property of a decedent as long as the estate values $50,000 or less, and the successors…

Adobe PDF | Microsoft Word (.doc)

Montana statutes Mont. Code Ann. § 72-3-1101 states that successors may file a small estate affidavit beginning 30 days after a loved one has passed. If the estate does not exceed $50,000 in Montana, then a grieving family can avoid probate court through the small estate affidavit, and claim, distribute,…