Montana § 72-2-237 Surviving Spouse's Property And Nonprobate Transfers To Others

Montana Statutes

§ 72-2-237 — Surviving Spouse's Property And Nonprobate Transfers To Others

Montana § 72-2-237

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 2Elective Share of Surviving Spouse

This text of Montana § 72-2-237 (Surviving Spouse's Property And Nonprobate Transfers To Others) 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. § 72-2-237 (2026).

Text

72-2-237 . Surviving spouse's property and nonprobate transfers to others.

(1)Except to the extent included in the augmented estate under 72-2-234 or 72-2-236 , the value of the augmented estate includes the value of:

(a)property that was owned by the decedent's surviving spouse at the decedent's death, including:

(i)the surviving spouse's fractional interest in property held in joint tenancy with the right of survivorship;

(ii)the surviving spouse's ownership interest in property or accounts held in co-ownership registration with the right of survivorship; and

(iii)property that passed to the surviving spouse by reason of the decedent's death, but not including the spouse's right to homestead allowance, family allowance, exempt property, or payments under the federal social security

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72-2-237 . Surviving spouse's property and nonprobate transfers to others. (1) Except to the extent included in the augmented estate under 72-2-234 or 72-2-236 , the value of the augmented estate includes the value of:
(a) property that was owned by the decedent's surviving spouse at the decedent's death, including:
(i) the surviving spouse's fractional interest in property held in joint tenancy with the right of survivorship;
(ii) the surviving spouse's ownership interest in property or accounts held in co-ownership registration with the right of survivorship; and
(iii) property that passed to the surviving spouse by reason of the decedent's death, but not including the spouse's right to homestead allowance, family allowance, exempt property, or payments under the federal social security system; and
(b) property that would have been included in the surviving spouse's nonprobate transfers to others, other than the spouse's fractional and ownership interests included under subsection (1)(a)(i) or (1)(a)(ii), had the spouse been the decedent.
(2) Property included under this section is valued at the decedent's death, taking the fact that the decedent predeceased the spouse into account, but, for purposes of subsection (1)(a)(i) and (1)(a)(ii), the values of the spouse's fractional and ownership interests are determined immediately before the decedent's death if the decedent was then a joint tenant or a co-owner of the property or accounts.
(3) The value of property included under this section is reduced by enforceable claims against the surviving spouse.