Montana § 72-2-119 Advancements

Montana Statutes

§ 72-2-119 — Advancements

Montana § 72-2-119

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 1Intestate Succession

This text of Montana § 72-2-119 (Advancements) 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. § 72-2-119 (2026).

Text

72-2-119 . Advancements.

(1)If an individual dies intestate as to all or a portion of the individual's estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if:

(a)the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement; or

(b)the decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.

(2)For purposes of subsection (1), property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the

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72-2-119 . Advancements. (1) If an individual dies intestate as to all or a portion of the individual's estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if:
(a) the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement; or
(b) the decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.
(2) For purposes of subsection (1), property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs.
(3) If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's contemporaneous writing provides otherwise.

Legislative History

En. 91A-2-110 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-110; amd. Sec. 15, Ch. 494, L. 1993; Sec. 72-2-206 , MCA 1991; redes. 72-2-119 by Code Commissioner, 1993.