reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-207. Renumbered 72-2-115

72-2-207. Renumbered 72-2-115.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-210. Renumbered 72-2-123

72-2-210. Renumbered 72-2-123.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-211. Renumbered 72-2-117

72-2-211. Renumbered 72-2-117.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-212. Renumbered 72-2-118

72-2-212. Renumbered 72-2-118.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-213. Renumbered 72-2-124

72-2-213. Renumbered 72-2-124.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-214. Renumbered 72-2-121

72-2-214. Renumbered 72-2-121.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-215. Repealed

72-2-215. Repealed.
Sec. 105, Ch. 313, L. 2019.
History: En. 91A-2-112 by Sec. 1, Ch. 370, L. 1977; R.C.M. 1947, 91A-2-111.1.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-221. Repealed

72-2-221. Repealed.
Sec. 105, Ch. 313, L. 2019.
History: En. 91A-2-201 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-201; amd. Sec. 50, Ch. 494, L. 1993; Sec. 72-2-702, MCA 1991; redes. 72-2-221 by Code Commissioner, 1993; amd. Sec. 4, Ch. 592, L. 1995; amd. Sec. 2, Ch. 290, L. 1999.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-222. Repealed

72-2-222. Repealed.
Sec. 105, Ch. 313, L. 2019.
History: En. 91A-2-202 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-202; amd. Sec. 6, Ch. 52, L. 1981; amd. Sec. 53, Ch. 494, L. 1993; Sec. 72-2-705, MCA 1991; redes. 72-2-222 by Code Commissioner, 1993; amd. Sec. 5, Ch. 592, L. 1995; amd. Sec. 3, Ch. 290, L. 1999.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-223. Renumbered 72-2-242

72-2-223. Renumbered 72-2-242.
Sec. 103, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-224. Repealed

72-2-224. Repealed.
Sec. 105, Ch. 313, L. 2019.
History: En. 91A-2-204 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-204; amd. Sec. 6, Ch. 494, L. 1993; Sec. 72-2-102, MCA 1991; redes. 72-2-224 by Code Commissioner, 1993; amd. Sec. 7, Ch. 592, L. 1995.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-225. Renumbered 72-2-241

72-2-225. Renumbered 72-2-241.
Sec. 103, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-226. Repealed

72-2-226. Repealed.
Sec. 105, Ch. 313, L. 2019.
History: En. 91A-2-206 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-206; amd. Sec. 8, Ch. 582, L. 1989; amd. Sec. 52, Ch. 494, L. 1993; Sec. 72-2-704, MCA 1991; redes. 72-2-226 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-227. Repealed

72-2-227. Repealed.
Sec. 105, Ch. 313, L. 2019.
History: En. 91A-2-207 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-207; amd. Sec. 7, Ch. 52, L. 1981; amd. Sec. 54, Ch. 494, L. 1993; Sec. 72-2-706, MCA 1991; redes. 72-2-227 by Code Commissioner, 1993; amd. Sec. 11, Ch. 592, L. 1995.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-228. Renumbered 72-2-244

72-2-228. Renumbered 72-2-244.
Sec. 103, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-230. Renumbered 72-2-240

72-2-230. Renumbered 72-2-240.
Sec. 103, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-231. Definitions

72-2-231. Definitions.
In this part:
(1) As used in sections other than 72-2-235, "decedent's nonprobate transfers to others" means the amounts that are included in the augmented estate under 72-2-235.
(2) "Fractional interest in property held in joint tenancy with the right of survivorship," whether the fractional interest is unilaterally severable or not, means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants.
(3) "Marriage," as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent's surviving spouse.
(4) "Nonadverse party" means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or nonexercise of the power that person possesses respecting the trust or other property arrangement. A person having a general power of appointment over property is deemed to have a beneficial interest in the property.
(5) "Power" or "power of appointment" includes a power to designate the beneficiary of a beneficiary designation.
(6) "Presently exercisable general power of appointment" means a power of appointment under which, at the time in question, the decedent, whether or not the decedent then had the capacity to exercise the power, held a power to create a present or future interest in the decedent, the decedent's creditors, the decedent's estate, or creditors of the decedent's estate, and includes a power to revoke or invade the principal of a trust or other property arrangement.
(7) "Property" includes values subject to a beneficiary designation.
(8) "Right to income" includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust, or a similar arrangement.
(9) "Transfer," as it relates to a transfer by or of the decedent, includes:
(a) an exercise or release of a presently exercisable general power of appointment held by the decedent;
(b) a lapse at death of a presently exercisable general power of appointment held by the decedent; and
(c) an exercise, release, or lapse of a general power of appointment that the decedent created in the decedent and of a power described in 72-2-235(2)(b) that the decedent conferred on a nonadverse party.
History: En. Sec. 13, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-232. Elective share

72-2-232. Elective share.
(1) The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this part, to take an elective-share amount equal to 50% of the value of the marital-property portion of the augmented estate.
(2) If the sum of the amounts described in 72-2-237 and 72-2-239(1)(a), and that part of the elective-share amount payable from the decedent's net probate estate and nonprobate transfers to others under 72-2-239(3) and (4) is less than $75,000, the surviving spouse is entitled to a supplemental elective-share amount equal to $75,000, minus the sum of the amounts described in those sections. The supplemental elective-share amount is payable from the decedent's net probate estate and from recipients of the decedent's nonprobate transfers to others in the order of priority set forth in 72-2-239(3) and (4).
(3) If the right of election is exercised by or on behalf of the surviving spouse, the surviving spouse's homestead allowance, exempt property, and family allowance, if any, are not charged against but are in addition to the elective-share and supplemental elective-share amounts.
(4) The right, if any, of the surviving spouse of a decedent who dies domiciled outside this state to take an elective share in property in this state is governed by the law of the decedent's domicile at death.
History: En. Sec. 14, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-233. Composition of the augmented estate

72-2-233. Composition of the augmented estate.
(1) Subject to 72-2-238, the value of the augmented estate, to the extent provided in 72-2-234 through 72-2-237, consists of the sum of the values of all property, whether real or personal; movable or immovable, tangible or intangible, wherever situated, that constitute:
(a) the decedent's net probate estate;
(b) the decedent's nonprobate transfers to others;
(c) the decedent's nonprobate transfers to the surviving spouse; and
(d) the surviving spouse's property and nonprobate transfers to others.
(2) The value of the marital-property portion of the augmented estate consists of the sum of the values of the four components of the augmented estate as determined under subsection (1) multiplied by the following percentage:
If the decedent and the spouse
The percentage is:
were married to each other:
Less than 1 year
3%
1 year but less than 2 years
6%
2 years but less than 3 years
12%
3 years but less than 4 years
18%
4 years but less than 5 years
24%
5 years but less than 6 years
30%
6 years but less than 7 years
36%
7 years but less than 8 years
42%
8 years but less than 9 years
48%
9 years but less than 10 years
54%
10 years but less than 11 years
60%
11 years but less than 12 years
68%
12 years but less than 13 years
76%
13 years but less than 14 years
84%
14 years but less than 15 years
92%
15 years or more
100%
History: En. Sec. 15, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-234. Decedent's net probate estate

72-2-234. Decedent's net probate estate.
The value of the augmented estate includes the value of the decedent's probate estate, reduced by funeral and administration expenses, homestead allowance, family allowances, exempt property, and enforceable claims.
History: En. Sec. 16, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-236. Decedent's nonprobate transfers to surviving spouse

72-2-236. Decedent's nonprobate transfers to surviving spouse.
Excluding property passing to the surviving spouse under the federal social security system, the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consist of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including:
(1) the decedent's fractional interest in property held as a joint tenant with the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as surviving joint tenant;
(2) the decedent's ownership interest in property or accounts held in co-ownership registration with the right of survivorship, to the extent the decedent's ownership interest passed to the surviving spouse as surviving co-owner; and
(3) all other property that would have been included in the augmented estate under 72-2-235(1) or (2) had it passed to or for the benefit of a person other than the decedent's spouse, surviving spouse, the decedent, or the decedent's creditors, estate, or estate creditors.
History: En. Sec. 18, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-237. Surviving spouse's property and nonprobate transfers to others

72-2-237. Surviving spouse's property and nonprobate transfers to others.
(1) Except to the extent included in the augmented estate under 72-2-234 or 72-2-236, the value of the augmented estate includes the value of:
(a) property that was owned by the decedent's surviving spouse at the decedent's death, including:
(i) the surviving spouse's fractional interest in property held in joint tenancy with the right of survivorship;
(ii) the surviving spouse's ownership interest in property or accounts held in co-ownership registration with the right of survivorship; and
(iii) property that passed to the surviving spouse by reason of the decedent's death, but not including the spouse's right to homestead allowance, family allowance, exempt property, or payments under the federal social security system; and
(b) property that would have been included in the surviving spouse's nonprobate transfers to others, other than the spouse's fractional and ownership interests included under subsection (1)(a)(i) or (1)(a)(ii), had the spouse been the decedent.
(2) Property included under this section is valued at the decedent's death, taking the fact that the decedent predeceased the spouse into account, but, for purposes of subsection (1)(a)(i) and (1)(a)(ii), the values of the spouse's fractional and ownership interests are determined immediately before the decedent's death if the decedent was then a joint tenant or a co-owner of the property or accounts.
(3) The value of property included under this section is reduced by enforceable claims against the surviving spouse.
History: En. Sec. 19, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-238. Exclusions, valuation, and overlapping application

72-2-238. Exclusions, valuation, and overlapping application.
(1) The value of any property is excluded from the decedent's nonprobate transfers to others:
(a) to the extent the decedent received adequate and full consideration in money or money's worth for a transfer of the property;
(b) if the property was transferred with the written joinder of, or if the transfer was consented to in writing before or after the transfer by, the surviving spouse; or
(c) if the property is life insurance or accident insurance payable to persons other than the decedent's surviving spouse or the decedent's estate.
(2) The value of property:
(a) included in the augmented estate under 72-2-235, 72-2-236, or 72-2-237 is reduced in each category by enforceable claims against the included property; and
(b) includes the commuted value of any present or future interest and the commuted value of amounts payable under any trust, life insurance settlement option, annuity contract, public or private pension, disability compensation, death benefit or retirement plan, or any similar arrangement, exclusive of the federal social security system. The commuted value of life and term interests in income, annuity, or unitrust amount must be determined in accordance with U.S. treasury regulations for internal revenue purposes in effect at the time of the decedent's death.
(3) In case of overlapping application to the same property of 72-2-235, 72-2-236, or 72-2-237, the property is included in the augmented estate under the provision yielding the greatest value, and under only one overlapping provision if they all yield the same value.
History: En. Sec. 20, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-239. Sources from which elective share payable

72-2-239. Sources from which elective share payable.
(1) In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent's probate estate and recipients of the decedent's nonprobate transfers to others:
(a) amounts included in the augmented estate under 72-2-234 which pass or have passed to the surviving spouse by testate or intestate succession and amounts included in the augmented estate under 72-2-236;
(b) amounts included in the augmented estate that would have passed to the spouse but were disclaimed; and
(c) the marital-property portion of amounts included in the augmented estate under 72-2-237.
(2) The marital-property portion under subsection (1)(c) is computed by multiplying the value of the amounts included in the augmented estate under 72-2-237 by the percentage of the augmented estate set forth in the schedule in 72-2-233(2) appropriate to the length of time the spouse and the decedent were married to each other.
(3) If, after the application of subsection (1), the elective-share amount is not fully satisfied, or the surviving spouse is entitled to a supplemental elective-share amount, amounts included in the decedent's net probate estate, other than assets passing to the surviving spouse by testate or intestate succession, and in the decedent's nonprobate transfers to others under 72-2-235(1) and (2) are applied first to satisfy the unsatisfied balance of the elective-share amount or the supplemental elective-share amount. The decedent's net probate estate and that portion of the decedent's nonprobate transfers to others are so applied that liability for the unsatisfied balance of the elective-share amount or for the supplemental elective-share amount is apportioned among the recipients of the decedent's net probate estate and of that portion of the decedent's nonprobate transfers to others in proportion to the value of their interests.
(4) If, after the application of subsections (1) and (3), the elective-share or supplemental elective-share amount is not fully satisfied, the remaining portion of the decedent's nonprobate transfers to others is so applied that liability for the unsatisfied balance of the elective-share or supplemental elective-share amount is apportioned among the recipients of the remaining portion of the decedent's nonprobate transfers to others in proportion to the value of their interests therein.
(5) The unsatisfied balance of the elective-share or supplemental elective-share amount as determined under subsection (3) or (4) is treated as a general pecuniary devise for purposes of 72-3-913.
History: En. Sec. 21, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-240. Personal liability of recipients

72-2-240. Personal liability of recipients.
(1) Only original recipients of the decedent's nonprobate transfers to others, and the donees of the recipients of the decedent's nonprobate transfers to others, to the extent the donees have the property or its proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse's elective-share or supplemental elective-share amount. A person liable to make contribution may choose to give up the proportional part of the decedent's nonprobate transfers to the person or to pay the value of the amount for which the person is liable.
(2) If any section or part of any section of this part is preempted by federal law with respect to a payment, an item of property, or any other benefit included in the decedent's nonprobate transfers to others, a person who, not for value, receives the payment, item of property, or other benefit is obligated to return that payment, item of property, or benefit or is personally liable for the amount of that payment or the value of that item of property or benefit, as provided in 72-2-239, to the person who would have been entitled to it were that section or part of that section not preempted.
History: En. Sec. 8, Ch. 592, L. 1995; amd. Sec. 26, Ch. 313, L. 2019; Sec. 72-2-230, MCA 2017; redes. 72-2-240 by Sec. 103, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 2. Elective Share of Surviving Spouse › 72-2-242. Right of election personal to surviving spouse -- incapacitated surviving spouse

72-2-242. Right of election personal to surviving spouse -- incapacitated surviving spouse.
(1) The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is filed in the court under 72-2-241(1). If the election is not exercised by the surviving spouse personally, it may be exercised on the surviving spouse's behalf by the surviving spouse's conservator, guardian, or agent under the authority of a power of attorney.
(2) If the election is exercised on behalf of a surviving spouse who is an incapacitated person, the court shall set aside that portion of the elective-share and supplemental elective-share amounts due from the decedent's probate estate and recipients of the decedent's nonprobate transfers to others under 72-2-239(3) and (4) and shall appoint a trustee to administer that property for the support of the surviving spouse. For the purposes of this subsection, an election on behalf of a surviving spouse by an agent under a durable power of attorney is presumed to be on behalf of a surviving spouse who is an incapacitated person. The trustee shall administer the trust in accordance with the following terms and such additional terms as the court determines appropriate:
(a) Expenditures of income and principal may be made in the manner, when, and to the extent that the trustee determines suitable and proper for the surviving spouse's support, without court order but with regard to other support, income, and property of the surviving spouse exclusive of benefits of medical or other forms of assistance from any state or federal government or governmental agency for which the surviving spouse qualifies on the basis of need.
(b) During the surviving spouse's incapacity, neither the surviving spouse nor anyone acting on behalf of the surviving spouse has a power to terminate the trust; but if the surviving spouse regains capacity, the surviving spouse then acquires the power to terminate the trust and acquire full ownership of the trust property free of trust by delivering to the trustee a writing signed by the surviving spouse declaring the termination.
(c) Upon the surviving spouse's death, the trustee shall transfer the unexpended trust property in the following order:
(i) under the residuary clause, if any, of the will of the predeceased spouse against whom the elective share was taken, as if that predeceased spouse died immediately after the surviving spouse; or
(ii) to that predeceased spouse's heirs under 72-2-721.
History: En. 91A-2-203 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-203; amd. Sec. 51, Ch. 494, L. 1993; Sec. 72-2-703, MCA 1991; redes. 72-2-223 by Code Commissioner, 1993; amd. Sec. 6, Ch. 592, L. 1995; amd. Sec. 23, Ch. 313, L. 2019; Sec. 72-2-223, MCA 2017; redes. 72-2-242 by Sec. 103, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 3. Spouse and Children Unprovided for in Wills › 72-2-301. Renumbered 72-2-521

72-2-301. Renumbered 72-2-521.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 3. Spouse and Children Unprovided for in Wills › 72-2-302. Renumbered 72-2-522

72-2-302. Renumbered 72-2-522.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 3. Spouse and Children Unprovided for in Wills › 72-2-303. Repealed

72-2-303. Repealed.
Sec. 134, Ch. 494, L. 1993.
History: En. 91A-2-503 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-503.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 3. Spouse and Children Unprovided for in Wills › 72-2-304. Renumbered 72-2-524

72-2-304. Renumbered 72-2-524.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 3. Spouse and Children Unprovided for in Wills › 72-2-305. Renumbered 72-2-525

72-2-305. Renumbered 72-2-525.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 3. Spouse and Children Unprovided for in Wills › 72-2-306. Renumbered 72-2-526

72-2-306. Renumbered 72-2-526.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 3. Spouse and Children Unprovided for in Wills › 72-2-307. through 72-2-310 reserved

72-2-307 through 72-2-310 reserved.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 3. Spouse and Children Unprovided for in Wills › 72-2-311. Renumbered 72-2-530

72-2-311. Renumbered 72-2-530.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 3. Spouse and Children Unprovided for in Wills › 72-2-312. Renumbered 72-2-533

72-2-312. Renumbered 72-2-533.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 3. Spouse and Children Unprovided for in Wills › 72-2-313. Renumbered 72-2-532

72-2-313. Renumbered 72-2-532.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 3. Spouse and Children Unprovided for in Wills › 72-2-314. Renumbered 72-2-531

72-2-314. Renumbered 72-2-531.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 3. Spouse and Children Unprovided for in Wills › 72-2-315. through 72-2-320 reserved

72-2-315 through 72-2-320 reserved.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 3. Spouse and Children Unprovided for in Wills › 72-2-321. Renumbered 72-2-527

72-2-321. Renumbered 72-2-527.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 3. Spouse and Children Unprovided for in Wills › 72-2-322. Renumbered 72-2-528

72-2-322. Renumbered 72-2-528.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 3. Spouse and Children Unprovided for in Wills › 72-2-323. Renumbered 72-2-529

72-2-323. Renumbered 72-2-529.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 3. Spouse and Children Unprovided for in Wills › 72-2-324. through 72-2-330 reserved

72-2-324 through 72-2-330 reserved.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 3. Spouse and Children Unprovided for in Wills › 72-2-331. Entitlement of spouse -- premarital will

72-2-331. Entitlement of spouse -- premarital will.
(1) If a testator's surviving spouse married the testator after the execution of the will, the surviving spouse is entitled to receive, as an intestate share, no less than the value of the share of the estate the spouse would have received if the testator had died intestate as to that portion of the testator's estate, if any, that is neither devised to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse nor devised to the descendant of such a child or passes under 72-2-613 or 72-2-614 to such a child or to a descendant of such a child, unless:
(a) it appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse;
(b) the will expresses the intention that it is to be effective notwithstanding any subsequent marriage; or
(c) the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.
(2) In satisfying the share provided by this section, devises made by the will to the testator's surviving spouse, if any, are applied first and other devises, other than a devise to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse or a devise or substitute gift under 72-2-613 or 72-2-614 to a descendant of such a child, abate as provided in 72-3-901.
History: En. 91A-2-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-301; amd. Sec. 48, Ch. 494, L. 1993; Sec. 72-2-601, MCA 1991; redes. 72-2-331 by Code Commissioner, 1993; amd. Sec. 12, Ch. 592, L. 1995.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 4. Exempt Property and Allowances › 72-2-401. Renumbered 72-2-536

72-2-401. Renumbered 72-2-536.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 4. Exempt Property and Allowances › 72-2-402. Renumbered 72-2-535

72-2-402. Renumbered 72-2-535.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 4. Exempt Property and Allowances › 72-2-411. Applicable law

72-2-411. Applicable law.
This part applies to the estate of a decedent who dies domiciled in this state. Rights to homestead allowance, exempt property, and family allowance for a decedent who dies not domiciled in this state are governed by the law of the decedent's domicile at death.
History: En. Sec. 56, Ch. 494, L. 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 4. Exempt Property and Allowances › 72-2-412. Homestead allowance

72-2-412. Homestead allowance.
A decedent's surviving spouse is entitled to a homestead allowance of $22,500. If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to $22,500 divided by the number of minor and dependent children of the decedent. The homestead allowance is exempt from and has priority over all claims against the estate. Homestead allowance is in addition to any share passing to the surviving spouse or minor or dependent child by the will of the decedent unless otherwise provided, by intestate succession, or by way of elective share.
History: En. 91A-2-401 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 153, L. 1977; R.C.M. 1947, 91A-2-401; amd. Sec. 57, Ch. 494, L. 1993; Sec. 72-2-801, MCA 1991; redes. 72-2-412 by Code Commissioner, 1993; amd. Sec. 27, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 4. Exempt Property and Allowances › 72-2-413. Exempt property

72-2-413. Exempt property.
In addition to the homestead allowance, the decedent's surviving spouse is entitled from the estate to a value, not exceeding $15,000 in excess of any security interests therein, in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, the decedent's children are entitled jointly to the same value. If encumbered chattels are selected and if the value in excess of security interests, plus that of other exempt property, is less than $15,000 or if there is not $15,000 worth of exempt property in the estate, the spouse or children are entitled to other assets of the estate, if any, to the extent necessary to make up the $15,000 value. Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate, but the right to any assets to make up a deficiency of exempt property abates as necessary to permit earlier payment of homestead allowance and family allowance. These rights are in addition to any benefit or share passing to the surviving spouse or children by the decedent's will unless otherwise provided, by intestate succession, or by way of elective share.
History: En. 91A-2-402 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-402; amd. Sec. 58, Ch. 494, L. 1993; Sec. 72-2-802, MCA 1991; redes. 72-2-413 by Code Commissioner, 1993; amd. Sec. 28, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 4. Exempt Property and Allowances › 72-2-414. Family allowance

72-2-414. Family allowance.
(1) In addition to the right to homestead allowance and exempt property, the decedent's surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by the decedent are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration, which allowance may not continue for longer than 1 year if the estate is inadequate to discharge allowed claims. The allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children, otherwise to the children or persons having their care and custody. If a minor child or dependent child is not living with the surviving spouse, the allowance may be made partially to the child or the child's guardian or other person having the child's care and custody and partially to the spouse, as their needs may appear. The family allowance is exempt from and has priority over all claims except the homestead allowance.
(2) The family allowance is not chargeable against any benefit or share passing to the surviving spouse or children by the will of the decedent unless otherwise provided, by intestate succession, or by way of elective share. The death of any person entitled to family allowance terminates the right to allowances not yet paid.
History: En. 91A-2-403 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-403; amd. Sec. 59, Ch. 494, L. 1993; Sec. 72-2-803, MCA 1991; redes. 72-2-414 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 4. Exempt Property and Allowances › 72-2-415. Source, determination, and documentation

72-2-415. Source, determination, and documentation.
(1) If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead allowance or exempt property. Subject to this restriction, the surviving spouse, guardians of minor children, or children who are adults may select property of the estate as homestead allowance and exempt property. The personal representative may make those selections if the surviving spouse, the children, or the guardians of the minor children are unable or fail to do so within a reasonable time or if there is no guardian of a minor child. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property. The personal representative may determine the family allowance in a lump sum not exceeding $27,000 or periodic installments not exceeding $2,250 per month for 1 year and may disburse funds of the estate in payment of the family allowance and any part of the homestead allowance payable in cash. The personal representative or any interested person aggrieved by any selection, determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined.
(2) If the right to an elective share is exercised on behalf of a surviving spouse who is an incapacitated person, the personal representative may add any unexpended portions payable under the homestead allowance, exempt property, and family allowance to the trust established under 72-2-242(2).
History: En. 91A-2-404 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-404; amd. Sec. 60, Ch. 494, L. 1993; Sec. 72-2-804, MCA 1991; redes. 72-2-415 by Code Commissioner, 1993; amd. Sec. 29, Ch. 313, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-501. Repealed

72-2-501. Repealed.
Sec. 134, Ch. 494, L. 1993.
History: En. 91A-2-603 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-603.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-502. Renumbered 72-2-612

72-2-502. Renumbered 72-2-612.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-503. Repealed

72-2-503. Repealed.
Sec. 134, Ch. 494, L. 1993.
History: En. 91A-2-611 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-611.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-504. Renumbered 72-2-713

72-2-504. Renumbered 72-2-713.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-505. through 72-2-510 reserved

72-2-505 through 72-2-510 reserved.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-511. Repealed

72-2-511. Repealed.
Sec. 134, Ch. 494, L. 1993.
History: En. 91A-2-601 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-601.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-512. Renumbered 72-2-613

72-2-512. Renumbered 72-2-613.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-513. Renumbered 72-2-614

72-2-513. Renumbered 72-2-614.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-514. Renumbered 72-2-617

72-2-514. Renumbered 72-2-617.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-515. Renumbered 72-2-619

72-2-515. Renumbered 72-2-619.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-516. Renumbered 72-2-616

72-2-516. Renumbered 72-2-616.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-517. Renumbered 72-2-615

72-2-517. Renumbered 72-2-615.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-518. Renumbered 72-2-618

72-2-518. Renumbered 72-2-618.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-519. Renumbered 72-2-537

72-2-519. Renumbered 72-2-537.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-521. Who may make a will

72-2-521. Who may make a will.
An individual 18 or more years of age who is of sound mind may make a will.
History: En. 91A-2-501 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-501; amd. Sec. 22, Ch. 494, L. 1993; Sec. 72-2-301, MCA 1991; redes. 72-2-521 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-522. Execution -- witnessed wills -- holographic wills

72-2-522. Execution -- witnessed wills -- holographic wills.
(1) Except as provided in 72-2-523, 72-2-526, 72-2-533, and subsection (2) of this section, a will must be:
(a) in writing;
(b) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and
(c) signed by at least two individuals, each of whom signed within a reasonable time after having witnessed either the signing of the will as described in subsection (1)(b) or the testator's acknowledgment of that signature or acknowledgment of the will.
(2) A will that does not comply with subsection (1) is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.
(3) Intent that the document constitute the testator's will may be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting.
History: En. 91A-2-502 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-502; amd. Sec. 23, Ch. 494, L. 1993; Sec. 72-2-302, MCA 1991; redes. 72-2-522 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-523. Writings intended as wills

72-2-523. Writings intended as wills.
Although a document or writing added upon a document was not executed in compliance with 72-2-522, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute:
(1) the decedent's will;
(2) a partial or complete revocation of the will;
(3) an addition to or an alteration of the will; or
(4) a partial or complete revival of the decedent's formerly revoked will or of a formerly revoked portion of the will.
History: En. Sec. 34, Ch. 494, L. 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-525. Who may witness

72-2-525. Who may witness.
(1) An individual generally competent to be a witness may act as a witness to a will.
(2) The signing of a will by an interested witness does not invalidate the will or any provision of it.
History: En. 91A-2-505 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-505; amd. Sec. 1, Ch. 6, L. 1979; amd. Sec. 5, Ch. 582, L. 1989; amd. Sec. 25, Ch. 494, L. 1993; Sec. 72-2-305, MCA 1991; redes. 72-2-525 by Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers › Part 5. Wills, Will Contracts, and Custody and Deposit of Wills › 72-2-526. Choice of law as to execution

72-2-526. Choice of law as to execution.
A written will is valid if executed in compliance with 72-2-522 or 72-2-523 or if its execution complies with the law at the time of execution of the place where the will is executed or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode, or is a national.
History: En. 91A-2-506 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-506; amd. Sec. 26, Ch. 494, L. 1993; Sec. 72-2-306, MCA 1991; redes. 72-2-526 by Code Commissioner, 1993.