What the rule says
Montana's intestacy framework follows the Uniform Probate Code. Under Mont. Code Ann. § 72-2-112:
- Spouse and all descendants are mutual: The spouse takes the entire estate. - Spouse and at least one descendant from prior relationship of decedent: The spouse takes the first $150,000 plus one-half of the balance. - Spouse and at least one descendant from prior relationship of spouse (not decedent's child): The spouse takes the first $150,000 plus one-half of the balance. - Spouse but no descendants: The spouse takes the entire estate. - Descendants but no spouse: Descendants take the entire estate by representation.
What this means in practice
- Montana resident dies without a will, leaving spouse and three mutual children. Estate $400,000. Spouse takes the entire $400,000. - Montana resident dies without a will, leaving spouse and one child from prior relationship. Estate $400,000. Spouse takes $150,000 + 50% of $250,000 = $275,000. Child takes $125,000.
What you can do about it
- Montana will requirements (Mont. Code Ann. § 72-2-522). A will must be in writing, signed by the testator, and signed by two witnesses. - Montana recognizes harmless-error doctrine under § 72-2-523. - Montana recognizes holographic wills under § 72-2-522(2). - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Under Mont. Code Ann. § 72-2-221, surviving spouse can elect against the will.
Who this affects most
Montana's intestacy formula is most consequential for married Montana residents in mutual-descendants families and blended families with the $150,000 floor.