Montana Statutes

§ 72-2-118 — Afterborn Heirs

Montana § 72-2-118
JurisdictionMontana
Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
Ch. 2UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS
Part 1Intestate Succession

This text of Montana § 72-2-118 (Afterborn Heirs) 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. § 72-2-118 (2026).

Text

72-2-118 . Afterborn heirs. An individual in gestation at a particular time is treated as living at that time if the individual lives 120 hours or more after birth. If it is not established by clear and convincing evidence that an individual in gestation at the decedent's death lived 120 hours after birth, it is deemed that the individual failed to survive for the required period.

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Legislative History

En. 91A-2-108 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-108; amd. Sec. 18, Ch. 494, L. 1993; Sec. 72-2-212 , MCA 1991; redes. 72-2-118 by Code Commissioner, 1993; amd. Sec. 11, Ch. 313, L. 2019.

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Bluebook (online)
Montana § 72-2-118, Counsel Stack Legal Research, https://law.counselstack.com/statute/mt/2/72-2-118.