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Intestate Succession Laws in Montana

In Montana, a surviving spouse inherits the entire estate when all of the deceased's descendants are also the spouse's and the spouse has no other descendants, and receives the first $300,000 plus three-fourths of the balance when there are no descendants but a parent survives. Montana is not a community property state.

Last checked . General information, not legal advice.

Montana at a glance

Spouse share with shared children
Entire estate
If the spouse has other descendants: first $225,000 plus 1/2. If the decedent has descendants not of the spouse: first $150,000 plus 1/2.
Spouse takes all with shared children
Yes
Spouse share with parents, no descendants
First $300,000 plus 3/4 of the balance
Community property state
No

Sources

Last checked

The rules in Montana

How much does a surviving spouse inherit in Montana when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Montana: Entire estate. If the spouse has other descendants: first $225,000 plus 1/2. If the decedent has descendants not of the spouse: first $150,000 plus 1/2.

Does a surviving spouse in Montana inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

Yes. Spouse takes all with shared children in Montana: yes.

How much does a surviving spouse inherit in Montana when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Montana: First $300,000 plus 3/4 of the balance.

Is Montana a community property state?

No. Community property state in Montana: no.

Where do the Montana intestate succession laws come from?

The rules above come from Mont. Code Ann. 72-2-112. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.