{"data":{"id":"us-mt/72-3-1101","jurisdiction":"us-mt","citation":"72-3-1101","heading":"Collection of personal property by affidavit.","body":"(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:\n(a) the value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000, except as provided in subsection (2);\n(b) 30 days have elapsed since the death of the decedent;\n(c) no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and\n(d) the claiming successor is entitled to payment or delivery of the property.\n(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.\n(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).","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION","Part 11. Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0110/section_0010/0720-0030-0110-0010.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:04Z","sha256":"ca789df2ec2e74676a738a19ff403a18672d309df453844be9a12a118c0b42c6","source_id":"us-mt","stale":false,"prev":"us-mt/72-3-1016","next":"us-mt/72-3-1102"},"notice":"GroundRules: Original legal text. Not legal advice."}