Intestate succession in Montana occurs when a person dies without a will. State law then divides the decedent’s estate among eligible heirs. This article explains how distribution works when the decedent left no surviving spouse and has three children.
What Is Intestate Succession in Montana?
Intestate succession refers to the process courts use to distribute a decedent’s property when no valid will exists. Under Montana law, this process follows the Montana Code Annotated. For definitions of heirs, see MCA 72-2-101. For rules on distribution without a surviving spouse, see MCA 72-2-105.
How Does Distribution Work with No Surviving Spouse?
When a decedent has no surviving spouse but leaves descendants (children, grandchildren), Montana law awards the entire intestate estate to those descendants per capita with representation. The estate divides equally among the decedent’s living children. If a child predeceased the decedent and left their own children, that branch inherits by representation (per stirpes).
Hypothetical Example
Consider Jane Smith, a Montana resident who died intestate, leaving no spouse and three children: Anna, Brian, and Cara. Her estate totals $150,000. Montana law grants each child one-third share. Anna receives $50,000, Brian receives $50,000, and Cara receives $50,000.
Next Steps for Heirs
To begin intestate administration, an heir (or other interested party) must petition the probate court in the county where the decedent lived. The court appoints a personal representative. That person inventories assets, pays debts and taxes, and finally distributes the estate according to state law.
Disclaimer
This article provides general information on Montana intestate succession. It does not offer legal advice. Consult a licensed Montana attorney for guidance on your specific situation.
Helpful Hints
- Identify all entitled heirs before probate.
- Gather asset and debt records early.
- File the petition for administration promptly.
- Understand inheritance per stirpes if a child predeceased.
- Consult an attorney for complex estates or disputes.