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 wait at least 30 days before filing the affidavit. The successor(s) claim bank accounts, vehicles, stocks and bonds, and any financial obligations such as debts.
How to Write
Step 1 – Download in Adobe PDF or Microsoft Word (.doc).
Step 2 – Fill-in the following blanks respectively:
- Identify all heirs of the estate
- Your legal name and address
- List your relationship with the decedent
- Timeline of relationship
- Name of any/all spouses including date(s) or marriage, divorce, and death (if any)
- Name of any/all children including date(s) or marriage, divorce, and death (if any)
- Name of any/all grandchildren including date(s) or marriage, divorce, and death (if any)
- Name of any/all parents including date(s) or marriage, divorce, and death (if any)
- Name of any/all brothers & sisters including date(s) or marriage, divorce, and death (if any)
- Name of any/all nieces & nephews including date(s) or marriage, divorce, and death (if any)
Step 3 – Obtain a notarized copy of the death certificate, and sign the document with a notary public.
