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Dying Without a Will

MCA 72-2-112 — the spouse takes all when the children are all theirs together, and otherwise a set amount plus a share of the rest

The surviving spouse takes the whole estate when the person left no children or parents, or when all the children are the spouse's too and the spouse has no other children.

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

WhenThe spouse takes
WhenNo children, but a parent survivesThe spouse takesThe first $300,000 and three fourths of the rest
WhenAll the children are the spouse's, and the spouse has other childrenThe spouse takesThe first $225,000 and half of the rest
WhenSome of the children are not the spouse'sThe spouse takesThe first $150,000 and half of the rest

What does not go to the spouse passes to the children and their descendants, then the parents, then brothers and sisters and their descendants, then grandparents and their families.

  • MCA 72-2-113
Sources for this section (2)
  1. MCA 72-2-112 — Share of spouse
  2. MCA 72-2-113 — Share of heirs other than surviving spouse

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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