Intestate Succession in Montana
State-specific overview · Estate & Probate
Montana follows the Uniform Probate Code, distributing property to spouses and descendants in a fixed order.
How Montana treats Intestate Succession
If the deceased leaves a surviving spouse and children, the spouse receives the first $200,000 plus half of the remaining estate, with children splitting the rest. If no spouse survives, children inherit equally; if no children, parents inherit; if no parents, siblings inherit. Montana's rules follow the standard UPC model used by many states.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession 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.