Elective Share in Montana
State-specific overview · Estate & Probate
A surviving spouse may claim one-third of the estate if the deceased left children, or one-half if no children.
How Montana treats Elective Share
Montana follows the Uniform Probate Code model, allowing the surviving spouse to elect against the will and receive a statutory share. The elective share is one-third of the net estate if the decedent left surviving descendants, and one-half if no descendants survive. The spouse must file the election within nine months of the decedent's death or within six months after probate is opened, whichever is later.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Montana.