MT state guide
Montana estate risk overview
This guide explains how estate outcomes work in Montanawhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
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
Probate process
Montana allows collection of personal property by affidavit for small estates after a 30-day waiting period.
- The probate estate value must be $100,000 or less, net of liens and encumbrances.
- At least 30 days must pass after death before using the affidavit.
- A transfer agent must retitle securities upon receipt of a compliant affidavit.
- Transfer agents must re-register securities upon receipt of a compliant affidavit.
Estate and inheritance tax exposure
Montana does not impose estate or inheritance taxes for decedents who died after January 1, 2005.
- Montana's inheritance tax was repealed and does not apply to bequests made on or after January 1, 2001.
- No Montana tax applies to estates of people who died after January 1, 2005.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
Guardianship for minors
Montana courts may appoint guardians for minors when parental rights are terminated or suspended, with priority for testamentary nominees and a minor’s nominee at age 14 or older.
- The court may appoint a guardian if parental rights are terminated or suspended.
- A testamentary guardian has priority unless they fail to accept within the statutory window.
- The court must appoint a minor's nominee if the minor is 14 or older unless contrary to the minor's best interests.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Courts rely on best-interest findings when appointing a guardian.
Risk areas
Explore estate risk dimensions in Montana
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Montana
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Assuming no tax filings are required because the state has no estate or inheritance tax.
Who is most exposed
Higher default risk in Montana
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
Next: explore planning options in Montana
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.