Affidavit of Heirship in Montana
Whether Montana lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Montana has no general affidavit-of-heirship statute for real estate. Heirs are determined by the district court: a petition for formal probate of a will, or for adjudication of intestacy, asks for an order determining the heirs after notice and hearing. Mont. Code Ann. § 72-3-301
| Affidavit / determination of heirship | Montana has no general affidavit-of-heirship statute for real estate. Heirs are determined by the district court: a petition for formal probate of a will, or for adjudication of intestacy, asks for an order determining the heirs after notice and hearing. Source: Mont. Code Ann. § 72-3-301 |
|---|---|
| Who inherits without a will | Surviving spouse takes everything if the deceased left no descendants or parents, or if all the deceased's descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse takes: the first $300,000 plus 3/4 of the rest if there are no descendants but a parent survives; the first $225,000 plus 1/2 of the rest if all descendants are shared but the spouse has other descendants; or the first $150,000 plus 1/2 of the rest if the deceased has descendants who are not the spouse's. Whatever the spouse does not take goes to descendants; if none, to parents; then to brothers and sisters and their descendants; then half to paternal and half to maternal grandparents or their descendants; then to the closest relatives. Rules for heirs other than the spouse are in § 72-2-113: https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0010/section_0130/0720-0020-0010-0130.html |
More Montana estate law
- Medical Power of Attorney in Montana
- Small Estate Affidavit in Montana
- Power of Attorney in Montana
- Quitclaim Deeds and Transferring Property in Montana
- Who Inherits If You Die Without a Will in Montana
- How to Make a Valid Will in Montana
- How Probate Works in Montana
- Living Wills and Advance Directives in Montana
- Revocable Living Trusts in Montana
- Executor Duties in Montana
- Letters Testamentary in Montana
- How to Avoid Probate in Montana
- Transferring a Car After Someone Dies in Montana
- All Montana wills, probate and estate rules
FAQ
Does Montana have an affidavit of heirship?
Montana has no general affidavit-of-heirship statute for real estate. Heirs are determined by the district court: a petition for formal probate of a will, or for adjudication of intestacy, asks for an order determining the heirs after notice and hearing.
Who inherits if someone dies without a will in Montana?
Surviving spouse takes everything if the deceased left no descendants or parents, or if all the deceased's descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse takes: the first $300,000 plus 3/4 of the rest if there are no descendants but a parent survives; the first $225,000 plus 1/2 of the rest if all descendants are shared but the spouse has other descendants; or the first $150,000 plus 1/2 of the rest if the deceased has descendants who are not the spouse's. Whatever the spouse does not take goes to descendants; if none, to parents; then to brothers and sisters and their descendants; then half to paternal and half to maternal grandparents or their descendants; then to the closest relatives.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.