What Happens If You Die Without a Will in Montana?

The surviving spouse's share in Montana depends on family structure.MCA § 72-2-112Verified Jul 15, 2026 With no children: If no parent survives: entire estate. If parent survives: first $300,000 plus 3/4 of the remaining estate.. With shared children: If all descendants are shared AND spouse has no other descendants: entire estate. Otherwise: first $225,000 plus 1/2 of remaining estate.. When children from a prior relationship survive: First $150,000 plus half of the remaining estate.

Montana uses the "per stirpes" distribution method.MCA § 72-2-116Verified Jul 15, 2026 Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. By representation (modern per stirpes): divided equally at the nearest generation with a living descendant; a deceased descendant's share passes down that descendant's own line

Montana requires an heir to survive the decedent by 120 hours to inherit.MCA § 72-2-112Verified Jul 15, 2026 If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.

Under Montana intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.MCA § 72-2-112Verified Jul 15, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Montana will signing requirements page outlines what is needed to execute a valid will.

Probate costs in Montana depend on estate size and complexity. Estates valued at $100,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Montana probate cost calculator for a detailed estimate.