What Happens If You Die Without a Will in Montana?

The surviving spouse's share in Montana depends on the family. With no children: If no parent survives: entire estate. If parent survives: first $300,000 plus 3/4 of the remaining estateMCA § 72-2-112Verified Sep 10, 2026View source. 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 estateMCA § 72-2-112Verified Sep 10, 2026View source. When a child from a prior relationship survives: First $150,000 plus half of the remaining estateMCA § 72-2-112Verified Sep 10, 2026View source.

Montana divides per capita with representationMCA § 72-2-116Verified Sep 10, 2026View source: shares are set at the nearest generation with a surviving heir, heirs of equal degree take equal shares, and a deceased heir's share passes to that heir's 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 hoursMCA § 72-2-114Verified Sep 10, 2026View source to inherit; an heir who dies within that period is treated as having died first, and the share passes to the next eligible heir.

Under Montana intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. In Montana, however, A partner in a valid Montana common-law marriage (treated as a surviving spouse)MCA § 40-1-403Verified Sep 10, 2026View source inherit with the same rights as a surviving spouse. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The Montana will signing requirements set out what a valid will takes.