MT risk areas
Montana estate risk areas
These pages explain how default state rules in Montana shape inheritance, probate, guardianship, taxes, and complexity. Start with the risk area that matches your biggest concern.
How to use this guide
- Read the risk summaries to understand default outcomes.
- Open a risk guide for state-specific details and sources.
- Use this as education, not legal advice.
Intestacy risk
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.
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Probate risk
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.
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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- Montana's inheritance tax was repealed and does not apply to bequests made on or after January 1, 2001.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.
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Guardianship risk
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.
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Complexity triggers
Montana uses an elective share tied to the augmented estate and provides a homestead allowance that has priority over most claims.
- A surviving spouse may elect to take 50% of the marital-property portion of the augmented estate.
- The homestead allowance has priority over claims and is in addition to other transfers unless a will provides otherwise.
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