About Montana,
Montana's intestacy law uses four different spouse-share formulas. A surviving parent, a spouse's child from another relationship, or a decedent's nonshared descendant can each reduce the spouse's share.
Montana follows common law (equitable distribution) for property classification. This means assets are not automatically split equally -- ownership depends on title, and probate distribution follows intestate statutes or the will.
Without a will, Montana intestate law (MCA § 72-2-112) determines your share. The small-estate threshold is $100,000 for collection of personal property by affidavit., and typical probate takes 6-12 months.
Montana does not impose a state estate tax or inheritance tax, so your exposure is limited to federal estate tax rules if applicable.
Property & Intestate Rules
How Montana classifies marital property and what a surviving spouse typically receives if there is no will.
How Montana Classifies Marital Property
Equitable distribution (common law) state. MCA § 40-4-202
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | Entire estate if no descendant or parent of the decedent survives; if a parent but no descendant survives, the first $300,000 plus three-fourths of the balance. |
| Children from marriage | Entire estate if all surviving descendants are shared and the spouse has no other descendants; if all are shared but the spouse has another descendant, the first $225,000 plus one-half of the balance. |
| Children from prior relationship | If one or more of the decedent's surviving descendants are not descendants of the surviving spouse, the first $150,000 plus one-half of the balance. |
50% of the value of the marital-property portion of the augmented estate.
Deadline to File
- Montana filing window
- 9 months after the date of the decedent's death or within 6 months after the probate of the decedent's will, whichever limitation later expires.
Home Protections for Surviving Spouses
A surviving spouse is entitled to a homestead allowance of $22,500. A homestead declaration can also be filed to protect up to $350,000 (in 2021, increasing by 4% annually) of a home's value from most creditors.
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Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | $100,000 for collection of personal property by affidavit. |
| Typical probate timeline | 6-12 months |
| State estate tax | No |
| State inheritance tax | No |
| Tax notes | Montana does not have an estate or inheritance tax. |
Deadlines You Cannot Afford to Miss
Montana-Specific Rules
Montana recognizes common law marriage.
Montana Legal Help Resources
Sources used to verify this guide, plus starting points for legal aid, court self-help, and local attorney referrals.
Source-backed review
Legal sources checked for Montana
Reviewed August 3, 2026. These references were used to check key state-specific inheritance, allowance, deadline, or probate details in this guide.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Montana.
- Is Montana a community property state?
- Montana is classified as Common Law (Equitable Distribution). Equitable distribution (common law) state. MCA § 40-4-202
- What does a surviving spouse inherit without a will in Montana?
- No children: Entire estate if no descendant or parent of the decedent survives; if a parent but no descendant survives, the first $300,000 plus three-fourths of the balance. With children: Entire estate if all surviving descendants are shared and the spouse has no other descendants; if all are shared but the spouse has another descendant, the first $225,000 plus one-half of the balance. Stepchildren or children from a prior relationship: If one or more of the decedent's surviving descendants are not descendants of the surviving spouse, the first $150,000 plus one-half of the balance.
- What is the elective share right in Montana?
- 50% of the value of the marital-property portion of the augmented estate. Deadline: 9 months after the date of the decedent's death or within 6 months after the probate of the decedent's will, whichever limitation later expires.
- What is the small-estate threshold in Montana?
- $100,000 for collection of personal property by affidavit.. Typical probate timeline: 6-12 months
- Does Montana have estate tax or inheritance tax?
- Estate tax: No. Inheritance tax: No. Montana does not have an estate or inheritance tax.
- What deadlines matter most for widows in Montana?
- Elective share: 9 months from death or 6 months from probate of will.
- How long does a Montana spouse have to claim an elective share?
- The petition is generally due within nine months after death or six months after probate of the will, whichever period ends later. A timely request can seek an extension for cause.
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Montana.
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