Who Inherits If You Die Without a Will in Montana
Montana's intestacy rules: who inherits when there is no will, the surviving spouse's share, and how small estates are handled.
Short answer: 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. Mont. Code Ann. §§ 72-2-112, 72-2-113
| 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 |
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| Surviving spouse's share | A surviving spouse of a Montana resident may elect to take 50% of the value of the marital-property portion of the augmented estate, with a supplemental amount that brings the spouse up to $75,000 if needed. The petition must be filed within 9 months after death or 6 months after the will is probated, whichever is later (an extension can be requested within the 9 months). Deadline rule: https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0020/section_0410/0720-0020-0020-0410.html. Montana is not a community property state. |
| Small estate affidavit | 30 days after death, a successor may collect money owed to the deceased, tangible personal property, and stock or other instruments by giving an affidavit stating that the probate estate, wherever located, less liens and encumbrances, is $100,000 or less, that 30 days have passed, that no personal representative has been applied for or appointed anywhere, and that the person is entitled to the property. The affidavit covers personal property only; it does not transfer real estate. The limit was amended in 2023 (Ch. 453, L. 2023). Separately, the Department of Revenue may refund unclaimed property of $5,000 or less to a successor regardless of estate size. Source: Mont. Code Ann. § 72-3-1101 |
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FAQ
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.
What is a surviving spouse entitled to in Montana?
A surviving spouse of a Montana resident may elect to take 50% of the value of the marital-property portion of the augmented estate, with a supplemental amount that brings the spouse up to $75,000 if needed. The petition must be filed within 9 months after death or 6 months after the will is probated, whichever is later (an extension can be requested within the 9 months).
What is the small estate limit in Montana?
30 days after death, a successor may collect money owed to the deceased, tangible personal property, and stock or other instruments by giving an affidavit stating that the probate estate, wherever located, less liens and encumbrances, is $100,000 or less, that 30 days have passed, that no personal representative has been applied for or appointed anywhere, and that the person is entitled to the property. The affidavit covers personal property only; it does not transfer real estate.
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.