Disclaimer By Surviving Joint Tenant And Receipt Of Personal Representative

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Disclaimer By Surviving Joint Tenant And Receipt Of Personal Representative is a commonly used form within Montana. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Disclaimer By Surviving Joint Tenant And Receipt Of Personal Representative

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Disclaimer By Surviving Joint Tenant And Receipt Of Personal Representative:

• This form pertains to the State of Montana

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Montana’s Form Form 1.3 - Disclaimer By Surviving Joint Tenant And Receipt Of Personal Representative up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Montana form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Montana probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Form 1.3, take a break, and then review. Probate and estate settlement processes in MT are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Form 1.3 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form Form 1.3 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Disclaimer By Surviving Joint Tenant And Receipt Of Personal Representative to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Montana.

5 reasons you should submit Form 1.3 as quickly as possible:

1. The sooner you begin, the faster Montana can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Montana. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Montana is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Montana probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Montana probate clerk or court for exact answers regarding Form Form 1.3, and when in doubt— consult a qualified trust & estates lawyer for that area.

Disclaimer By Surviving Joint Tenant And Receipt Of Personal Representative is one of the many probate court forms available for download through Atticus.

It may also be available through some Montana probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Montana.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Form 1.3 - Disclaimer By Surviving Joint Tenant And Receipt Of Personal Representative f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Montana probate court office.

Disclaimer By Surviving Joint Tenant And Receipt Of Personal Representative is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Montana-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Montana Form Form 1.3 - Disclaimer By Surviving Joint Tenant And Receipt Of Personal Representative. You can use this to get an idea of the context of the form and what type of information is needed.

Form 1.3 DISCLAIMER BY SURVIVING JOINT TENANT AND RECEIPT OF PERSONAL REPRESENTATIVE -PAGE - 1 Tres. Reg. §25.2518-1,-2, and -3 (2005); § 72-2-811, MCA (2005) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Disclaimer by Surviving Joint Tenant of Interest in Joint Tenancy Bank Accounts.] 1 Attorney Name: ______________________ Attorney’s Law Firm:__________________ Attorney’s Address:___________________ City, State, Zip: ______________________ Phone Number: ______________________ Attorneys for: ________________________ MONTANA _____________ JUDICIAL DISTRICT COURT, _________________ COUNTY IN THE MATTER OF THE ESTATE OF ) Cause No. DP _____________ ) Judge ____________________ ______________________________, ) DISCLAIMER BY SURVIVING JOINT ) TENANT AND RECEIPT OF Deceased. ) PERSONAL REPRESENTATIVE ________________________________) The undersigned, ________________________ (“_________”), hereby makes this Disclaimer as follows: 1._________________________ (“_____________”) died ______________, 20___. 2.At the time of ___________’s death, he and I owned, as joint tenants with right of survivorship, the following accounts (the “Disclaimed Assets”) with __________ Bank in ________________, Montana: (a)Savings account #____________ (b)Certificate of Deposit #__________ (c)Certificate of Deposit #___________ (d)Certificate of Deposit #___________ 1 See Treas. Reg. § 25-2518-2(c)(4) re joint tenancies. The surviving joint tenant cannot disclaim an interest in a joint financial account to which survivor himself contributed. Id. subsection (iii). Form 1.3 DISCLAIMER BY SURVIVING JOINT TENANT AND RECEIPT OF PERSONAL REPRESENTATIVE -PAGE - 2 Tres. Reg. §25.2518-1,-2, and -3 (2005); § 72-2-811, MCA (2005) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3.Pursuant to § 72-2-811, MCA (2005), and I.R.C. § 2518 (1986), as amended, I hereby disclaim the above-described Disclaimed Assets to which I would or may otherwise have been entitled to as the surviving joint tenant of the Disclaimed Assets. 4.This disclaimer is being executed and filed within the nine-month period provided by Treas Reg. § 25.2518-2(c)(2) through (4) for the type of interest being disclaimed, and as provided in § 72-2-811, MCA (2005). 5.I, the undersigned Disclaimant, have not accepted the interest in the property hereby disclaimed or any of its benefits. 6.I acknowledge that if I did not execute this Disclaimer that I would obtain ownership of the above-described Disclaimed Assets. I am fully aware of the rights I am renouncing and I make this disclaimer voluntarily. 7.The Disclaimer shall for all purposes be deemed to relate back to the date of ______________’s death, is an irrevocable and unconditional refusal to accept the Disclaimed Assets, and is delivered to the Personal Representative of the Estate [Trustee under will (or described Trust) dated ________________], and is to be filed with the Court pursuant to § 72-2-811, MCA (2005). 8.The undersigned is not hereby disclaiming the following property interest: [Here describe any other property interest passing to the Disclaimant under the same governing instrument which he or she wishes to retain. See Footnote 3 in Form1.1 re: disclaiming partial interests.] 9.The undersigned hereby acknowledges that she understands that, as a result of the within Disclaimer, the portion of the residue of Decedent’s Estate designated above will be distributed as if she had predeceased the Decedent and will pass, without direction on her part, to [name of person] pursuant to the provisions of the [will, trust, or described power of appointment, or § 72-2-111, MCA (2005), et seq. if it passes by intestacy]. Form 1.3 DISCLAIMER BY SURVIVING JOINT TENANT AND RECEIPT OF PERSONAL REPRESENTATIVE -PAGE - 3 Tres. Reg. §25.2518-1,-2, and -3 (2005); § 72-2-811, MCA (2005) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXECUTED this ______________ day of _________________, 20___. _______________________________________ [Signature of Disclaimant] ________________________________________ Typed or printed name ACKNOWLEDGMENT OF DISCLAIMANT STATE OF MONTANA ) : ss. County of _____________) This instrument was acknowledged before me on ___________ by _________________________________. 2 ____________________________________ Signature of Notary ____________________________________ Name – typed, stamped, or printed) (Seal) Notary Public for the State of Montana Residing at: __________________, Montana My Commission Expires:________________ 2 If the Disclaimant is an entity, use representative form. Form 1.3 DISCLAIMER BY SURVIVING JOINT TENANT AND RECEIPT OF PERSONAL REPRESENTATIVE -PAGE - 4 Tres. Reg. §25.2518-1,-2, and -3 (2005); § 72-2-811, MCA (2005) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RECEIPT BY PERSONAL REPRESENTATIVE The undersigned, Personal Representative 3 of the Estate of _____________, Deceased, Montana ________________ Judicial District, _____________ County, Probate Cause No. DP ______________ hereby acknowledges receipt of a duplicate original of the foregoing Irrevocable and Unconditional Disclaimer this ___ day of _________________, 20___. _____________________, as Personal Representative under the Will of _______________ By:_________________________; and By:_________________________ 3 If there is no personal representative, insert instead the title of the person to whom delivered, e.g., Trustee under Trust established by _______________ and dated ________________; or holder of Power of Appointment under Will [Trust] executed by _______________, as donor, and dated ________________. Print Signer’s Name: ____________________ Trust Officer Print Signer’s Name: ____________________ Trust Officer Form 1.3 DISCLAIMER BY SURVIVING JOINT TENANT AND RECEIPT OF PERSONAL REPRESENTATIVE -PAGE - 5 Tres. Reg. §25.2518-1,-2, and -3 (2005); § 72-2-811, MCA (2005) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF MAILING 4 I certify that on ______________________, I served a copy of the foregoing ______________________________ by mailing a true and correct copy, first class mail, postage prepaid, to: [List all parties and appropriate addresses] _____________________________________ [Person who mailed documents] 4 Note that § 72-2-811(2)(a), MCA (2005), requires that “A copy of the disclaimer must be delivered in person or mailed by certified mail, return receipt requested, to any personal representative or other fiduciary of the decedent or donee of the power.” However, it is HIGHLY DESIRABLE to obtain the signature of the personal representative or power donee on the receipt original Disclaimer so that the fact of timely service will show right on the face of the original filed with the Court. Hence, service by certified mail will ordinarily be useful only if the personal representative or power donee resides in a different city than does counsel. If mail is used, mail it well in advance, so you can comply with the nine-month rule under Treas. Reg. 25.2518-2(c). _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________