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Spousal Elective Share Law in Montana

In Montana, a surviving spouse can elect 50% of the marital-property portion of the augmented estate, with a $75,000 minimum, within 9 months after death or 6 months after probate of the will, whichever is later.

Last checked . General information, not legal advice.

Montana at a glance

Elective share
50% of marital-property portion of augmented estate
A supplemental amount brings the total up to $75,000 if the share is smaller.
Deadline to elect
9 months after death or 6 months after will probate, if later
The court can extend the time if the spouse petitions within 9 months after death.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Montana

How much can a surviving spouse claim in Montana if left out of the will?

Elective share in Montana: 50% of marital-property portion of augmented estate. A supplemental amount brings the total up to $75,000 if the share is smaller.

What is the deadline to claim the elective share in Montana?

Deadline to elect in Montana: 9 months after death or 6 months after will probate, if later. The court can extend the time if the spouse petitions within 9 months after death.

Is Montana a community property state?

No. Community property state in Montana: no. Not on the IRS list of community property states.

Where do the Montana spousal elective share laws come from?

The rules above come from Mont. Code Ann. 72-2-232 and Mont. Code Ann. 72-2-241. Each source is linked on this page. We last checked them in October 2026.

Good to know

The current elective share section, MCA 72-2-232, was enacted in 2019 (Ch. 313, L. 2019).

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

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