Montana § 72-2-823 Disclaimer Of Rights Of Survivorship In Jointly Held Property

Montana Statutes

§ 72-2-823 — Disclaimer Of Rights Of Survivorship In Jointly Held Property

Montana § 72-2-823

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 8General Provisions Concerning Probate and Nonprobate Transfers

This text of Montana § 72-2-823 (Disclaimer Of Rights Of Survivorship In Jointly Held Property) 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. § 72-2-823 (2026).

Text

72-2-823 . Disclaimer of rights of survivorship in jointly held property.

(1)Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of:

(a)a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or

(b)all of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.

(2)A disclaimer under subsection (1) takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.

(3)An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant

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72-2-823 . Disclaimer of rights of survivorship in jointly held property. (1) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of:
(a) a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or
(b) all of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.
(2) A disclaimer under subsection (1) takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.
(3) An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.