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Home→Tools→Beneficiary Checker→Montana

Are Beneficiary Designations Protected in Montana?

Check how divorce, creditors, and state laws affect your life insurance, retirement accounts, and other beneficiary designations.

Select all that apply

West Dakota: $999,999 (99.9%)East Montana: $888,888 (88.8%)

This tool provides general information about state beneficiary designation laws. It does not constitute legal advice. ERISA-governed plans are subject to federal law which may differ from state law. Consult a licensed attorney for advice specific to your situation.Data verified 2026-01-21

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Protect your beneficiaries

Frequently Asked Questions

Montana automatically revokes beneficiary designations to an ex-spouse upon divorce for most asset types including life insurance and retirement accounts. This is codified at MCA § 72-2-814. ERISA-governed employer plans (like 401(k)s) are subject to federal law and require manual updates.

Partially. Montana provides some creditor protection for inherited IRAs, but with limitations. See MCA § 25-13-608.

No. Per stirpes is not the default in Montana. If a beneficiary dies before you without a named contingent beneficiary, the proceeds typically go to your estate and through probate. Explicit per stirpes designation or contingent beneficiaries are needed.

How Do Beneficiary Designations Work in Montana?

Beneficiary designations on life insurance, retirement accounts, and payable-on-death accounts determine who receives these assets when you die. These designations override your will, making it critical to keep them updated.

Montana is one of the states that automatically revokes beneficiary designations to an ex-spouse upon divorce. This applies to: life insurance, retirement accounts, pod accounts, tod accounts, annuities. However, ERISA-governed employer plans (401k, pension) are subject to federal law and must be updated manually.

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Montana Estate Planning Attorneys

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Montana Estate Planning Resources

In-depth guides covering Montana probate laws, trust requirements, and estate planning strategies.