MT estate risk
Intestacy risk in Montana
How assets are distributed when there is no will and state default rules control the outcome.
Montana intestacy gives the surviving spouse a statutory dollar amount plus a fraction in many cases, with the remainder passing to descendants or other heirs by statute.
At a glance
Key takeaways
- If there is no surviving descendant or parent, or all descendants are the spouse's and the spouse has no other descendants, the spouse inherits the entire estate.
- If no descendants survive but a parent does, the spouse receives the first $300,000 plus three-fourths of the balance.
- If all descendants are also the spouse's but the spouse has other descendants, the spouse receives the first $225,000 plus one-half of the balance.
- If any descendant is not the spouse's, the spouse receives the first $150,000 plus one-half of the balance.
Questions to consider
Questions to consider in Montana
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
Montana intestacy gives the surviving spouse a statutory dollar amount plus a fraction in many cases, with the remainder passing to descendants or other heirs by statute.
- If there is no surviving descendant or parent, or all descendants are the spouse's and the spouse has no other descendants, the spouse inherits the entire estate.
- If no descendants survive but a parent does, the spouse receives the first $300,000 plus three-fourths of the balance.
- If all descendants are also the spouse's but the spouse has other descendants, the spouse receives the first $225,000 plus one-half of the balance.
- If any descendant is not the spouse's, the spouse receives the first $150,000 plus one-half of the balance.
- Any remainder passes to descendants by representation, then to parents, then to descendants of parents and more remote relatives.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://archive.legmt.gov/bills/mca/title_0720/chapter_0020/part_0010/section_0120/0720-0020-0010-0120.html
- https://archive.legmt.gov/bills/mca/title_0720/chapter_0020/part_0010/section_0130/0720-0020-0010-0130.html
- https://law.justia.com/codes/montana/2022/title-72/chapter-2/part-1/section-72-2-124/
Background sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Montana.
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