Free Montana Affidavit of Heirship Form

Understanding the Montana Affidavit of Heirship Form

Deciding the estate of a loved one is not always an easy task, particularly in situations where probate appears as an insurmountable task. Montana does not have a statutory form of an affidavit of heirship, which conveys real property ownership. Nevertheless, theirs are not devoid of legal ways to govern small estates and personal property more effectively. Estate settlement can be simplified with the Montana Affidavit of Heirship Form, coupled with an easy process of probate. These tools are usually employed by families in Billings, Missoula, and Great Falls to process smaller estates or certain property transfers.

What Is an Affidavit of Heirship Form in Montana?

An Affidavit of Heirship is an affidavit where heirs state that they are entitled to the succession of a deceased individual. It cannot alone transfer land ownership but is frequently utilised to define relationships and give a trace of succession. Lots of attorneys will draft an affidavit of heirship form that can be entered in county property records to help title companies or buyers, but this is not a statutory alternative to probate.

Small-Estate Affidavit for Personal Property

• Montana statutes allow heirs to use a small-estate affidavit under Mont. Code § 72-3-1101 to § 72-3-1102. This affidavit lets heirs collect personal property without probate if:

  • The estate’s total value, minus liens, is $100,000 or less.

  • At least 30 days have passed since death.

  • No personal representative has been appointed or requested in any court.

The process only involves personal property like bank accounts, stocks, debts, or vehicles. The heir shows the notarised affidavit and death certificate to the institution, which has to release the property. Notably, the institution is sheltered after making the transfer. As an example, this can be done in Helena or Bozeman to transfer money quickly or retitle a motor vehicle.

Closing a Small Estate Through Informal Probate

In cases of real estate property or exceeding limits of personal property, the Mont. Code in 72-3-1103 to 72-3-1104 allows simple probate to the heirs. Here, a sworn statement is filed in the court by a personal representative as a way of closing the estate. This enables division of real and personal property without long hearings. This option is frequently used by families in Butte or Kalispell, as it is easier than a formal probate solution yet court-approved.

No Statutory Affidavit of Heirship for Real Estate

Montana does not grant an heirship affidavit to directly transfer ownership of land as some states do. Although heirs can file in the county record an affidavit of heirship form, it is not authorised by statute. Such affidavits may be good enough to get title insurers or buyers to clarify, but they do not provide marketable title. In the event of a dispute or the desire of heirs to obtain sound ownership, a quiet-title action under Title 70, Chapter 28 of the Montana Code is typically needed.

Why Use These Affidavits?

• Affidavits are valuable because they:

  • Simplify transfer of property when estates are small.

  • Avoid the need for lengthy probate in some cases.

  • Provide evidence of heirship for financial institutions or potential buyers.

  • Offer a practical record of inheritance rights for heirs.

Billings, as an example; the estate can also release bank accounts by means of the small-estate affidavit, and in Missoula, a family may depend on simplified probate, especially when the property is a modest-sized property.

Steps to Complete the Montana Affidavit of Heirship Form

• 1. Collect Estate Information – Collect information about the deceased, heirs and property.

  2. Prepare the Affidavit – Prepare an affidavit of heirship form with names, addresses, and family relationships.

  3. Attach Necessary Documents – Add the death certificate and any required supporting documents.

  4. Notarise the Affidavit – The affiant shall sign in the presence of a notary public.

  5. Present or Record – Submit to banks, the DMV, or county property offices, according to the nature of the asset.

Common Questions

1. Can the Montana Affidavit of Heirship Form transfer real estate?
Not directly. Montana law requires probate or court approval for clear title to real estate.

2. Is there a simplified way to handle small estates?
Yes. The small-estate affidavit is applicable to the personal property that is less than $100,000.

3. What if the estate includes a house or land?
Most often it requires informal probate or a quiet-title action.

4. Can heirs still record an affidavit for real estate?
Yes, but this is not the binding one. It can help in sorting out ownership to insurers or buyers.

Accessing the Right Form

A legally valid Montana Affidavit of Heirship Form can be downloaded online here. A proper affidavit of heirship template also means dispensing with estates without complications, as the law of the state is followed.