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. § 72-2-112 (2026)

Share Of Spouse

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 2
  4. Part 1
  5. 72-2-112 Share of spouse

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 1. Intestate Succession

Share Of Spouse

72-2-112. Share of spouse. The intestate share of a decedent's surviving spouse is:

(1) the entire intestate estate if:

(a) no descendant or parent of the decedent survives the decedent; or

(b) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;

(2) the first $300,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent but a parent of the decedent survives the decedent;

(3) the first $225,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent;

(4) the first $150,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.

History: En. 91A-2-102 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 363, L. 1975; R.C.M. 1947, 91A-2-102; amd. Sec. 4, Ch. 582, L. 1989; amd. Sec. 11, Ch. 494, L. 1993; Sec. 72-2-202, MCA 1991; redes. 72-2-112 by Code Commissioner, 1993; amd. Sec. 8, Ch. 313, L. 2019.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2011–2026 · leading case: In Re the Est. of Harris, 2015 MT 182 (Mont. 2015).
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In Re the Est. of Harris, 2015 MT 182 (Mont. 2015). “Even if Contestants are barred from enforcing the 1983 Will, a successful challenge to the 1997 Will on the grounds of undue influence or lack of capacity would result in a declaration of intestacy.”
Matter of Est. of Glennie, 2011 MT 291 (Mont. 2011). · cites it 3× “Section 72-2-112, MCA. As a result, the Estate argues that Bruce lacks any pecuniary interest in an intestate succession.”
Rolando v. Fox, 23 F. Supp. 3d 1227 (D. Mont. 2014). · cites it 2× “§ 39-71-723 (surviving spouse eligible to receive payment of workers’ compensation benefits); • Mont.Code Ann. § 72-2-112 (providing first priority to surviving spouse under intestate secession); and MontCode Ann.”
Est. of B. Haler, 2026 MT 111 (Mont. 2026). · cites it 4× “Because at least one of Bradley’s surviving descendants is not a descendant of Rebecca, Rebecca’s intestate share is governed by § 72-2-112(4), MCA, which provides the surviving spouse “the first $150,000, plus one-half of any balance of the intestate estate.”
Est. of: W. Lea, 2026 MT 85N (Mont. 2026). · cites it 2× “Stacey argued that the court should set aside the decree because Jakob failed to notify Stacey of key developments in the case and that he failed to distribute to her the value of her intestate share under § 72-2-112, MCA. Stacey also challenged the decree based on conduct that…”
— Mont. Code Ann. § 72-2-112(4) — 1 case
Est. of B. Haler, 2026 MT 111 (Mont. 2026). “Because at least one of Bradley’s surviving descendants is not a descendant of Rebecca, Rebecca’s intestate share is governed by § 72-2-112(4), MCA, which provides the surviving spouse “the first $150,000, plus one-half of any balance of the intestate estate.”
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