72-2-101. Renumbered 72-2-811
72-2-101. Renumbered 72-2-811. Code Commissioner, 1993.
72-2-102. Renumbered 72-2-224
72-2-102. Renumbered 72-2-224. Code Commissioner, 1993.
72-2-103. Renumbered 72-2-812
72-2-103. Renumbered 72-2-812. Code Commissioner, 1993.
72-2-104. Renumbered 72-2-813
72-2-104. Renumbered 72-2-813. Code Commissioner, 1993.
72-2-105. Renumbered 72-2-534
72-2-105. Renumbered 72-2-534. Code Commissioner, 1993.
72-2-106. through 72-2-110 reserved
72-2-106 through 72-2-110 reserved.
72-2-111. Intestate estate
72-2-111. Intestate estate. (1) Any part of a decedent’s estate not effectively disposed of by will passes by intestate succession to the decedent’s heirs as prescribed in chapters 1 through 5, except as modified by the decedent’s will. (2) A decedent may by will expressly exclude or limit the right of an individual or class to succeed […]
72-2-112. Share of spouse
72-2-112. Share of spouse. The intestate share of a decedent’s surviving spouse is: (1) the entire intestate estate if: (a) no descendant or parent of the decedent survives the decedent; or (b) all of the decedent’s surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; […]
72-2-113. Share of heirs other than surviving spouse
72-2-113. Share of heirs other than surviving spouse. (1) Any part of the intestate estate not passing to the decedent’s surviving spouse under 72-2-112, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: (a) to the decedent’s descendants by representation; (b) if […]
72-2-114. Requirement that heir survive decedent for 120 hours
72-2-114. Requirement that heir survive decedent for 120 hours. An individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent’s heirs are determined accordingly. If it is not established by clear and convincing evidence that an […]
72-2-115. No taker
72-2-115. No taker. If there is no taker under the provisions of this chapter, the intestate estate passes to the state of Montana. History: En. 91A-2-105 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-105; amd. Sec. 16, Ch. 494, L. 1993; Sec. 72-2-207, MCA 1991; redes. 72-2-115 by Code Commissioner, 1993.
72-2-116. Representation
72-2-116. Representation. (1) As used in this section, the following definitions apply: (a) ”Deceased descendant”, “deceased parent”, or “deceased grandparent” means a descendant, parent, or grandparent who either predeceased the decedent or is deemed to have predeceased the decedent under 72-2-114. (b) ”Surviving descendant” means a descendant who neither predeceased the decedent nor is deemed to have predeceased […]
72-2-117. Kindred of half blood
72-2-117. Kindred of half blood. Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. History: En. 91A-2-107 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-107; Sec. 72-2-211, MCA 1991; redes. 72-2-117 by Code Commissioner, 1993.
72-2-118. Afterborn heirs
72-2-118. Afterborn heirs. An individual in gestation at a particular time is treated as living at that time if the individual lives 120 hours or more after birth. If it is not established by clear and convincing evidence that an individual in gestation at the decedent’s death lived 120 hours after birth, it is deemed that […]
72-2-119. Advancements
72-2-119. Advancements. (1) If an individual dies intestate as to all or a portion of the individual’s estate, property the decedent gave during the decedent’s lifetime to an individual who, at the decedent’s death, is an heir is treated as an advancement against the heir’s intestate share only if: (a) the decedent declared in a contemporaneous writing […]
72-2-120. Debts to decedent
72-2-120. Debts to decedent. A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s descendants. History: En. Sec. 21, Ch. 494, L. 1993.
72-2-121. Alienage
72-2-121. Alienage. No individual is disqualified to take as an heir because the individual or an individual through whom the individual claims is or has been an alien. History: En. 91A-2-111 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-111; amd. Sec. 20, Ch. 494, L. 1993; Sec. 72-2-214, MCA 1991; redes. 72-2-121 by Code Commissioner, […]
72-2-122. Dower and curtesy abolished
72-2-122. Dower and curtesy abolished. The estates of dower and curtesy are abolished. History: En. 91A-2-112 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-112; Sec. 72-2-701, MCA 1991; redes. 72-2-122 by Code Commissioner, 1993.
72-2-123. Individuals related to decedent through two lines
72-2-123. Individuals related to decedent through two lines. An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share. History: En. Sec. 4, Ch. 52, L. 1981; amd. Sec. 17, Ch. 494, L. 1993; Sec. […]
72-2-124. Parent and child relationship
72-2-124. Parent and child relationship. (1) Except as provided in subsections (2) and (3), for the purposes of intestate succession by, through, or from a person, an individual is the child of the child’s natural parents, regardless of their marital status. The parent and child relationship may be established under Title 40, chapter 6, part 1. […]