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, or sell property as they see fit. The value is less liens, encumbrances like mortgages, does not exceed the homestead allowance, and medical expenses.
How to Write
Step 1 – Download in Adobe PDF or Microsoft Word (.doc).
Step 2 – Enter the following into the form:
- Header – Enter Superior Court (See List)
- Name of Decedent
- Date of Birth
- Case Number
- Check the three (3) boxes depending on your situation
- Date and Sign
- Verification – On the last page you will be required to verify that everything you have stated is true and accurate
Step 3 – Obtain a notarized copy of the death certificate, and file the form with the proper clerk or courthouse.
