Montana § 72-2-114 Requirement That Heir Survive Decedent For 120 Hours

Montana Statutes

§ 72-2-114 — Requirement That Heir Survive Decedent For 120 Hours

Montana § 72-2-114

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 1Intestate Succession

This text of Montana § 72-2-114 (Requirement That Heir Survive Decedent For 120 Hours) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 72-2-114 (2026).

Text

72-2-114 . Requirement that heir survive decedent for 120 hours. An individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly. If it is not established by clear and convincing evidence that an individual who would otherwise be an heir survived the decedent by 120 hours, it is deemed that the individual failed to survive for the required period. This section is not to be applied if its application would result in a taking of intestate estate by the state under 72-2-115 .

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72-2-114 . Requirement that heir survive decedent for 120 hours. An individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly. If it is not established by clear and convincing evidence that an individual who would otherwise be an heir survived the decedent by 120 hours, it is deemed that the individual failed to survive for the required period. This section is not to be applied if its application would result in a taking of intestate estate by the state under 72-2-115 .

Legislative History

En. 91A-2-104 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-104; amd. Sec. 14, Ch. 494, L. 1993; Sec. 72-2-205 , MCA 1991; redes. 72-2-114 by Code Commissioner, 1993; amd. Sec. 9, Ch. 313, L. 2019.