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Montana Intestacy Laws
These are selections from the Montana intestate succession statutes.  (Title 72: Estates, Trusts, and Fiduciary Relationships)

 

The Intestacy Calculator™ uses these laws to automatically divide any intestate estate with just a few clicks.

 


72-2-111. Intestate estate.

(1) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in chapters 1 through 5, except as modified by the decedent's will.
(2) A decedent may by will expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed an intestate share.

72-2-112. Share of spouse.

The intestate share of a decedent's surviving spouse is:
(1) the entire intestate estate if:

 

(a) no descendant or parent of the decedent survives the decedent; or
(b) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;
(2) the first $200,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent but a parent of the decedent survives the decedent;
(3) the first $150,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent;
(4) the first $100,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.

72-2-113. Share of heirs other than surviving spouse.

(1) Any part of the intestate estate not passing to the decedent's surviving spouse under 72-2-112, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent:


(a) to the decedent's descendants by representation;


(b) if there is no surviving descendant, to the decedent's parents equally if both survive or to the surviving parent;


(c) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation;
 

(d) if there is no surviving descendant, parent, or descendant of a parent and the decedent is:
 

(i) survived by one or more grandparents or descendants of grandparents:
 

(A) one-half to:
 

(I) the decedent's paternal grandparents equally if both survive;
(II) the surviving paternal grandparent; or



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  See Also: Which state's intestacy laws apply at death? and How are intestacy laws interpreted?
The Montana intestate succession statutes may be found in full by selecting this link.  (Title 72: Estates, Trusts, and Fiduciary Relationships)


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