Montana § 72-2-112 Share Of Spouse

Montana Statutes

§ 72-2-112 — Share Of Spouse

Montana § 72-2-112

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 2UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS

Part 1Intestate Succession

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Bluebook

Mont. Code Ann. § 72-2-112 (2026).

Text

72-2-112 . Share of spouse. The intestate share of a decedent's surviving spouse is:

(1)the entire intestate estate if:

(a)no descendant or parent of the decedent survives the decedent; or

(b)all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;

(2)the first $300,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent but a parent of the decedent survives the decedent;

(3)the first $225,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are n

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72-2-112 . Share of spouse. The intestate share of a decedent's surviving spouse is:
(1) the entire intestate estate if:
(a) no descendant or parent of the decedent survives the decedent; or
(b) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;
(2) the first $300,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent but a parent of the decedent survives the decedent;
(3) the first $225,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent;
(4) the first $150,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.

Legislative History

En. 91A-2-102 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 363, L. 1975; R.C.M. 1947, 91A-2-102; amd. Sec. 4, Ch. 582, L. 1989; amd. Sec. 11, Ch. 494, L. 1993; Sec. 72-2-202 , MCA 1991; redes. 72-2-112 by Code Commissioner, 1993; amd. Sec. 8, Ch. 313, L. 2019.