Detailed Answer
Under Montana law, wrongful death claims proceed through the personal representative of the decedent’s estate. The representative files suit on behalf of the decedent’s heirs as authorized by Mont. Code Ann. § 27-1-505 et seq. Once a settlement or judgment occurs, the court oversees distribution of proceeds.
Mont. Code Ann. § 27-1-506 dictates primary distribution:
- Spouse and Children: Divide equally among surviving spouse and children, including lineal descendants of any predeceased child. See § 27-1-506(1) (MCA 27-1-506).
- Parents: If there is no surviving spouse or child, divide equally between the decedent’s parents. See § 27-1-506(2) (MCA 27-1-506).
- Other Heirs: If no spouse, children, or parents survive, distribute per Montana’s intestate succession under Title 72. See Mont. Code Ann. § 72-2-102 (MCA 72-2-102).
Intestate succession under Title 72 ranks heirs in order: spouse; descendants; parents; siblings; more remote relatives. See MCA §§ 72-2-102 through 72-2-105 for details on half-blood relatives and grandparents.
Note the two-year deadline for filing a wrongful death claim. Under Mont. Code Ann. § 27-1-507, you must commence suit within two years of the decedent’s death to preserve your rights. See MCA 27-1-507.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Montana for guidance on your specific situation.
Helpful Hints
- Petition a probate court to appoint a personal representative before filing any claims.
- Obtain the certified death certificate and build a family tree showing all potential heirs.
- Communicate early and clearly with potential heirs to avoid disputes.
- Keep meticulous records of court orders, receipts, and distributions.
- Verify heirship eligibility under Montana’s intestacy statutes when no immediate family survives.
- File suit promptly—Montana’s two-year statute of limitations is strict.