Montana Statutes
§ 72-2-114 — Requirement That Heir Survive Decedent For 120 Hours
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 2 UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS·Part 1 Intestate Succession
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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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.
Nearby Sections
15
§ 72-2-1001
Short Title§ 72-2-1002
Statutory Rule Against Perpetuities§ 72-2-1004
Reformation§ 72-2-1006
Prospective Application§ 72-2-1007
Uniformity Of Application And Construction§ 72-2-1008
Through 72-2-1016 Reserved§ 72-2-101
Renumbered 72-2-811§ 72-2-1017
Honorary Trusts -- Trusts For Pets§ 72-2-102
Renumbered 72-2-224§ 72-2-103
Renumbered 72-2-812§ 72-2-104
Renumbered 72-2-813§ 72-2-105
Renumbered 72-2-534§ 72-2-106
Through 72-2-110 Reserved