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Who Needs an Affidavit in Montana?
A Montana affidavit is a legal document used to swear or affirm certain statements. Estate planning affidavits are the most commonly used type of affidavit in Montana. Affidavits are also widely used to prove death or heirship. Read on to understand more about affidavits in Montana.
When Do You Need a Montana Affidavit?
You may need an affidavit for various reasons. Here are different types of Montana affidavits and why you may need each.
Estate Planning Affidavit
If you are creating or updating your will, you may need one or more affidavits to supplement your will. For example, you may need an estate planning affidavit that lists your assets and debts. Also, you may need this type of affidavit to appoint a guardian for your minor children. Other reasons you may need an estate planning affidavit include:
To prove that you are the executor or administrator of an estate
To establish your relationship with a decedent
To waive the requirement for a bond
To provide notice of death
Affidavit of Death
If you are named as a beneficiary in a will, you may need an Affidavit of Death to prove that the person who made the will (the "testator") is deceased. An Affidavit of Death is sometimes called a "proof of death" or a "death certificate affidavit."
Affidavit of Heirship in Montana
An Affidavit of Heirship may be needed to prove that someone who is not named in a will is the heir of the person who made the will. An Affidavit of Heirship is sometimes called a "proof of heirship" or an "heirship certificate."
Small Estate Affidavit
A Small Estate Affidavit may be used in Montana to settle a small estate without going through probate. To use a Small Estate Affidavit, the following must be true:
The value of the estate must be less than $30,000
There must be no real property (land or buildings) in the estate
All debts of the estate must have been paid
All taxes due on the estate must have been paid
There must be no will
Self-Proving Affidavit Montana
A self-proving affidavit is an affidavit that includes a statement that can be used to prove the affidavit’s contents without having to call the affiant (the person who made the affidavit) as a witness. A self-proving affidavit is sometimes also called a “self-authenticating affidavit.”
How to Make a Montana Affidavit
The process for making an affidavit in Montana will vary depending on the reason you need the affidavit. However, some general steps are common to all affidavits.
Gather the Required Information
Be sure to understand the specific information you will need will depend on the type of affidavit you are making.
Find a Notary Public
A notary public is a person who is authorized to witness signatures and take acknowledgments. You can find a notary public at most banks and many government offices.
Sign the Affidavit In Front of the Notary Public
The notary public will witness your signature and may ask you to swear or affirm that the statements in the affidavit are factual.
Make Copies of the Notary-Signed Affidavit
You will likely need to provide copies of the affidavit to the person or organization that requested it.
For whatever reason, you may need an affidavit; forms.legal makes the process easier and more manageable for you. We offer free printable affidavit forms and templates in Montana for all the different types of affidavits you may need.
First, download and print the form, then fill in the required information. Once you have completed the affidavit, please take it to a notary public for signing. Finally, make copies of the notary-signed affidavit and provide them to the person or organization that requested it.