Heirship Affidavit Preparation in Montana

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Montana for guidance on your specific situation.

Detailed Answer

In Montana, an heirship affidavit lets a decedent’s heirs claim property without formal probate when the estate qualifies as a small estate or when no significant creditor claims exist. These affidavits are governed by Montana Code Annotated (MCA) § 72-2-103. The process generally involves the following steps:

1. Confirm Eligibility: Ensure the total value of the decedent’s personal property subject to transfer (like bank accounts, vehicles, and household goods) does not exceed the small estate threshold. Montana law sets this limit at $50,000 for most estates (MCA § 72-2-103).
2. Identify Heirs: Determine who qualifies as the decedent’s heirs under Montana intestate succession rules (MCA § 72-3-103). Typically, this includes a surviving spouse, children, or more distant relatives if none are closer.
3. Gather Documentation: Collect a certified copy of the decedent’s death certificate, property valuation documents (bank statements or vehicle titles), and any prior wills (if available).
4. Draft the Affidavit: Prepare an affidavit stating:
   • The decedent’s name, date of death, and residence.
   • A listing of all known heirs and their relationship to the decedent.
   • A description of the property to be transferred.
   • A statement that no probate administration is pending and that all creditor claims have been satisfied or that the estate qualifies as a small estate.
5. Swear to the Affidavit: Sign the affidavit before a Montana notary public, or in court if required by the county clerk.
6. File with Court or Custodian: Submit the affidavit to the clerk of the district court in the county where the decedent lived or to the institution holding the asset (e.g., bank). Pay any required filing fees.
7. Asset Transfer: Once filed, present certified copies of the recorded affidavit to the custodian (bank, DMV, etc.) to retitle or release assets in the heirs’ names.

Helpful Hints

• Verify the small estate threshold before starting. Montana may adjust the limit periodically.
• List all heirs, even if they waive their share, to prevent future disputes.
• Keep copies of everything filed; custodians often require certified copies.
• Contact the county clerk’s office to confirm local filing requirements and fees.
• If the estate faces creditor claims or the property value exceeds the limit, consider formal probate instead.