What Happens if You Die Without a Will in Montana?
Dying without a will in Montana can make inheritance tricky. Rather than distributing assets according to your wishes, Montana law decides for you, based on your marital status and family. Here's how that plays out.
If You are Married with Children
- If every one of your descendants is also your spouse's, and your spouse has no other descendants, your spouse inherits everything.
- If every one of your descendants is also your spouse's, and your spouse has no other descendants, your spouse inherits everything.
- If every one of your descendants is also your spouse's, but your spouse has descendants from another relationship, your spouse inherits the first $225,000 of your estate, plus 1/2 of the remaining balance. Your descendants inherit the rest.
- If any of your descendants are not also your spouse's, your spouse inherits the first $150,000 of your estate, plus 1/2 of the remaining balance. Your descendants inherit the rest.
- If any of your descendants are not also your spouse's, your spouse inherits the first $150,000 of your estate, plus 1/2 of the remaining balance. Your descendants inherit the rest.
If You are Married Without Children
Your spouse inherits your entire estate if you have no living parents. If you have living parents, your spouse inherits the first $300,000, plus 3/4 of the remaining balance, and your parents inherit the rest.
If You Don't Have a Spouse, but Have Children
Your children inherit all of your assets, divided equally.
If You Don't Have a Spouse or Children
Your parents inherit your estate. If neither parent is still living, your siblings inherit next.
If No Living Relatives Can Be Found
Your property reverts to the state of Montana, though this doesn’t often happen because will search thoroughly for distant relatives before making that decision.
Other Things to Know about Dying Without a Will in Montana
- Stepchildren only inherit during intestate succession if they were legally adopted.
- A surviving spouse can also claim an elective share equal to 50% of the marital-property portion of the augmented estate, which includes non-probate transfers like trusts and joint accounts. However, the length of the marriage impacts how much a spouse is entitled to inherit.
- There is no state inheritance or estate law imposed in Montana.
When Does an Estate Go Through Probate Without a Will
If you die without a will in Montana, your estate may still avoid full probate if it's valued at $100,000 or less, using a small estate affidavit. Larger estates go through the District Court, typically as informal probate for uncontested cases.
Check out our article to learn more about what families face with probate in Montana.
