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.