Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 2. UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS · Part 1. Intestate Succession
Montana Code Annotated

Mont. Code Ann. § 72-2-111 (2026)

Intestate Estate

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 2
  4. Part 1
  5. 72-2-111 Intestate estate

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 2. UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS

Part 1. Intestate Succession

Intestate Estate

72-2-111. Intestate estate. (1) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in chapters 1 through 5, except as modified by the decedent's will.

(2) A decedent may by will expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed an intestate share.

History: En. 91A-2-101 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-101; amd. Sec. 10, Ch. 494, L. 1993; Sec. 72-2-201, MCA 1991; redes. 72-2-111 by Code Commissioner, 1993.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1997–2025 · leading case: Matter of Est. of Jetter, 1997 SD 125 (S.D. 1997).
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Matter of Est. of Jetter, 1997 SD 125 (S.D. 1997). · cites it 2× “2-101 (effective January 1, 1996); MontCodeAnn § 72-2-111 (effective October 1, 1993); NMStatAnn § 45-2-101 (effective 1993); NDCent Code § 30.”
In Re the Est. of Ayers, 2007 MT 155 (Mont. 2007). · cites it 6× “The court ruled instead that the property should pass according to the laws of intestate succession as specified in § 72-2-111, MCA. The court ordered, pursuant to § 72-2-111, MCA, that Donielle and Lorielle each would receive half of the Estate’s 50% interest in the Fishtail…”
Matter of Est. of Glennie, 2011 MT 291 (Mont. 2011). · cites it 3× “As a result, the Estate argues that Bruce lacks any pecuniary interest in an intestate succession. *511 ¶15 The District Court appears to have agreed with the Estate in a one paragraph decision.”
In Re the Est. of Edwards, 2017 MT 93 (Mont. 2017). “See generally §§ 72-2-111 to -124, MCA. They did not “stand[ ] to gain from a successful contest” of the 2010 Will.”
Est. of Damjanovich, 2025 MT 259 (Mont. 2025). · cites it 5× “Nicolette contends that it did not, and therefore Corbin’s estate must pass by intestacy under § 72-2-111(1), MCA.4 Barlow counters that the will disposed of the estate by creating in her a power of appointment over estate assets, as evidenced in the writing itself and through…”
Mont. Code Ann. § 72-2-111(1): 1 case
Est. of Damjanovich, 2025 MT 259 (Mont. 2025). “Nicolette contends that it did not, and therefore Corbin’s estate must pass by intestacy under § 72-2-111(1), MCA.4 Barlow counters that the will disposed of the estate by creating in her a power of appointment over estate assets, as evidenced in the writing itself and through…”
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