MT risk area
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.
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?
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 this risk area helps you evaluate 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/
Risk 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.