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.
Who handles this in Montana: legal aid programs, lawyer referral and the state offices, listed in the Montana directory.
| When | The spouse takes |
|---|---|
| WhenNo children, but a parent survives | The spouse takesThe first $300,000 and three fourths of the rest |
| WhenAll the children are the spouse's, and the spouse has other children | The spouse takesThe first $225,000 and half of the rest |
| WhenSome of the children are not the spouse's | The 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.
Sources for this section (2)
- MCA 72-2-112 — Share of spouse
- 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.