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

     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 entire estate, wherever located, less liens and encumbrances, does not exceed $50,000;
     (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) 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).

     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.