72-2-226. Repealed. Sec. 105, Ch. 313, L. 2019. History: En. 91A-2-206 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-206; amd. Sec. 8, Ch. 582, L. 1989; amd. Sec. 52, Ch. 494, L. 1993; Sec. 72-2-704, MCA 1991; redes. 72-2-226 by Code Commissioner, 1993.
72-2-227. Repealed. Sec. 105, Ch. 313, L. 2019. History: En. 91A-2-207 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-207; amd. Sec. 7, Ch. 52, L. 1981; amd. Sec. 54, Ch. 494, L. 1993; Sec. 72-2-706, MCA 1991; redes. 72-2-227 by Code Commissioner, 1993; amd. Sec. 11, Ch. 592, L. 1995.
72-2-228. Renumbered 72-2-244. Sec. 103, Ch. 313, L. 2019.
72-2-229 reserved.
72-2-230. Renumbered 72-2-240. Sec. 103, Ch. 313, L. 2019.
72-2-231. Definitions. In this part: (1) As used in sections other than 72-2-235, “decedent’s nonprobate transfers to others” means the amounts that are included in the augmented estate under 72-2-235. (2) ”Fractional interest in property held in joint tenancy with the right of survivorship,” whether the fractional interest is unilaterally severable or not, means the fraction, the numerator […]
72-2-232. Elective share. (1) The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this part, to take an elective-share amount equal to 50% of the value of the marital-property portion of the augmented estate. (2) If the sum of the amounts described […]
72-2-233. Composition of the augmented estate. (1) Subject to 72-2-238, the value of the augmented estate, to the extent provided in 72-2-234 through 72-2-237, consists of the sum of the values of all property, whether real or personal; movable or immovable, tangible or intangible, wherever situated, that constitute: (a) the decedent’s net probate estate; (b) the decedent’s nonprobate […]
72-2-234. Decedent’s net probate estate. The value of the augmented estate includes the value of the decedent’s probate estate, reduced by funeral and administration expenses, homestead allowance, family allowances, exempt property, and enforceable claims. History: En. Sec. 16, Ch. 313, L. 2019.
72-2-235. Decedent’s nonprobate transfers to others. The value of the augmented estate includes the value of the decedent’s nonprobate transfers to others, not included under 72-2-234, of any of the following types, in the amount provided respectively for each type of transfer: (1) Property owned or owned in substance by the decedent immediately before death that passed […]
72-2-236. Decedent’s nonprobate transfers to surviving spouse. Excluding property passing to the surviving spouse under the federal social security system, the value of the augmented estate includes the value of the decedent’s nonprobate transfers to the decedent’s surviving spouse, which consist of all property that passed outside probate at the decedent’s death from the decedent to […]
72-2-237. Surviving spouse’s property and nonprobate transfers to others. (1) Except to the extent included in the augmented estate under 72-2-234 or 72-2-236, the value of the augmented estate includes the value of: (a) property that was owned by the decedent’s surviving spouse at the decedent’s death, including: (i) the surviving spouse’s fractional interest in property held in […]
72-2-238. Exclusions, valuation, and overlapping application. (1) The value of any property is excluded from the decedent’s nonprobate transfers to others: (a) to the extent the decedent received adequate and full consideration in money or money’s worth for a transfer of the property; (b) if the property was transferred with the written joinder of, or if the transfer […]
72-2-239. Sources from which elective share payable. (1) In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent’s probate estate and recipients of the decedent’s nonprobate transfers to others: (a) amounts included in the augmented estate under 72-2-234 which […]
72-2-240. Personal liability of recipients. (1) Only original recipients of the decedent’s nonprobate transfers to others, and the donees of the recipients of the decedent’s nonprobate transfers to others, to the extent the donees have the property or its proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse’s elective-share or supplemental […]
72-2-241. Proceeding for elective share — time limit. (1) Except as provided in subsection (2), the election must be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within 9 months after the date of the decedent’s death or within 6 months after […]
72-2-242. Right of election personal to surviving spouse — incapacitated surviving spouse. (1) The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is filed in the court under 72-2-241(1). If the election is not exercised by the surviving spouse personally, it may be […]
72-2-243. Effect of premarital or marital agreement right to elect and of other rights. (1) In this section, “agreement” includes a subsequent agreement that affirms, modifies, or waives an earlier agreement. (2) The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property, and family allowance, or any […]
72-2-244. Protection of payors and other third parties. (1) Although under 72-2-235 a payment, item of property, or other benefit is included in the decedent’s nonprobate transfers to others, a payor or other third party is not liable for having made a payment or transferred an item of property or other benefit to a beneficiary designated […]
