MT risk area
Complexity triggers in Montana
Scenarios that increase estate risk, such as blended families or multi-state property.
Montana uses an elective share tied to the augmented estate and provides a homestead allowance that has priority over most claims.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in Montana
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
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.
Sources
- https://law.justia.com/codes/montana/title-72/chapter-2/part-2/section-72-2-232/
- https://codes.findlaw.com/mt/title-72-estates-trusts-and-fiduciary-relationships/mt-st-72-2-412/
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Montana.