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A Spouse Left Out of the Will

MCA 72-2-232 — an elective share of 50% of the marital property, claimed within 9 months of the death

The surviving spouse of a person who died living in Montana may elect a share equal to 50% of the value of the marital property portion of the augmented estate, with a supplemental amount to bring the total to $75,000 if it would be less.

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Who handles this in Montana: legal aid programs, lawyer referral and the state offices, listed in the Montana directory.

The deadline. The petition is filed in court within 9 months after the death or 6 months after the will is probated, whichever is later. Within the 9 months, the spouse may ask the court to extend the time.

  • MCA 72-2-241
Sources for this section (2)
  1. MCA 72-2-232 — Elective share
  2. MCA 72-2-241 — Proceeding for elective share -- time limit

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.

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