Disclaimer: This article provides general educational information and is not legal advice.
Detailed Answer
Intestate succession applies when a person dies without a valid will. In Montana, Title 72 of the Montana Code Annotated governs this process. If a decedent leaves no surviving spouse but has two children, the estate passes entirely to those children.
1. Identifying Heirs
Under M.C.A. § 72-2-102, if no spouse survives, the estate goes to lineal descendants. In this case, the two children are the sole heirs.
2. Equal Division
Montana distributes assets equally among surviving children. Each child receives a one-half share of the probate estate. If one child predeceased the decedent but left descendants, those grandchildren inherit their parent’s share by representation under M.C.A. § 72-2-103.
3. Probate Administration
An interested party must petition the probate court to open administration. The court appoints an administrator, who inventories assets, notifies creditors, pays valid claims, and distributes remaining property to the children.
Helpful Hints
- Gather asset and debt records early to streamline the probate process.
- Check if the estate qualifies for Montana’s small estate affidavit procedure to avoid full probate.
- Keep clear records of distributions and receipts from beneficiaries.
- Consult a probate attorney for complex assets, out-of-state property, or potential creditor disputes.
- Review Montana’s probate rules at the state legislature website for updates: https://leg.mt.gov/bills/mca.