Montana § 72-3-1101 Collection Of Personal Property By Affidavit

Montana Statutes

§ 72-3-1101 — Collection Of Personal Property By Affidavit

Montana § 72-3-1101

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 3UPC -- PROBATE AND ADMINISTRATION

Part 11Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates

This text of Montana § 72-3-1101 (Collection Of Personal Property By Affidavit) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 72-3-1101 (2026).

Text

72-3-1101 . Collection of personal property by affidavit.

(1)Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:

(a)the value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000, except as provided in subsection (2);

(b)30 days have elapsed since the death of the decedent;

(c)

Free access — add to your briefcase to read the full text and ask questions with AI

72-3-1101 . Collection of personal property by affidavit. (1) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:
(a) the value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000, except as provided in subsection (2);
(b) 30 days have elapsed since the death of the decedent;
(c) no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and
(d) the claiming successor is entitled to payment or delivery of the property.
(2) The department of revenue may refund unclaimed property to a successor of the decedent, pursuant to the provisions of Title 70, chapter 9, part 8, if the value of the unclaimed property is $5,000 or less regardless of the value of the estate.
(3) A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection (1).

Legislative History

En. 91A-3-1201 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-1201; amd. Sec. 1, Ch. 124, L. 1981; amd. Sec. 1, Ch. 234, L. 1999; amd. Sec. 2, Ch. 513, L. 2005; amd. Sec. 1, Ch. 85, L. 2013; amd. Sec. 1, Ch. 453, L. 2023.