Montana Code Annotated

Mont. Code Ann. § 72-2-113 (2026)

Share Of Heirs Other Than Surviving Spouse

✓ current as of May 2026

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TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 1. Intestate Succession

Share Of Heirs Other Than Surviving Spouse

72-2-113. Share of heirs other than surviving spouse. (1) Any part of the intestate estate not passing to the decedent's surviving spouse under 72-2-112, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent:

(a) to the decedent's descendants by representation;

(b) if there is no surviving descendant, to the decedent's parents equally if both survive or to the surviving parent;

(c) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation;

(d) if there is no surviving descendant, parent, or descendant of a parent and the decedent is:

(i) survived by one or more grandparents or descendants of grandparents:

(A) one-half to:

(I) the decedent's paternal grandparents equally if both survive;

(II) the surviving paternal grandparent; or

(III) the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and

(B) the other one-half to the decedent's maternal relatives in the same manner; or

(ii) not survived by a grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate to the decedent's relatives on the other side in the same manner as the half;

(e) if there is no surviving descendant, grandparent, or descendant of a grandparent, to the person of the closest degree of kinship with the decedent. Except as provided in subsection (2), if more than one person is of that closest degree, those persons share equally.

(2) If more than one person is of the closest degree as provided in subsection (1)(e) but they claim through different ancestors, those who claim through the nearer ancestor must receive to the exclusion of those claiming through a more remote ancestor.

History: En. 91A-2-103 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 2, Ch. 363, L. 1975; R.C.M. 1947, 91A-2-103; amd. Sec. 2, Ch. 52, L. 1981; amd. Sec. 12, Ch. 494, L. 1993; Sec. 72-2-203, MCA 1991; redes. 72-2-113 by Code Commissioner, 1993; amd. Sec. 66, Ch. 18, L. 1995.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 2001–2025 · leading case: Volk v. Goeser, 2016 MT 61 (Mont. 2016).

Sort: Relevance Newest Treatment

Volk v. Goeser, 2016 MT 61 (Mont. 2016). · cites it 6× “Section 72-2-113, MCA. We note that in the MSA, the parties list Policy 936 as an asset.”

In Re the Est. of Bradshaw, 2001 MT 92 (Mont. 2001). · cites it 2× “Pursuant to § 72-2-113(l)(a), MCA, when, as here, an intestate decedent leaves no surviving spouse, the decedent's estate then passes to the decedent's descendants.”

In Re the Est. of Bovey, 2006 MT 46 (Mont. 2006). · cites it 4× “]@ 5 [I]n construing a dispositive provision of a transferor who is not the adopting parent, an adopted individual is not considered the child of the adopting parent unless the adopted individual lived while a minor, either before or after the adoption, as a regular member of…”

Stoican v. Wagner, 2015 MT 54 (Mont. 2015). · cites it 6× “Section 72-2-113(1)(c), MCA. This means that the estate is divided based 1 The Plaintiffs do not appeal the District Court’s decision that John Stoican also did not have standing to pursue these claims.”

In Re the Est. of Bennett, 2013 MT 228 (Mont. 2013). · cites it 4× “” The District Court determined that Jeremiah’s two minor children are the sole heirs of his intestate estate under § 72-2-113(a), MCA. That statute provides that when, as here, there is no surviving spouse, the entire estate passes “to the decedent’s descendants.”

Est. of Kelly, 2014 MT 254 (Mont. 2014). · cites it 3× “Section 72-2-113, MCA. Notwithstanding the fact that Laura had a will, the status of the FLPA as a “governing instrument” under Montana probate law dictates that Laura’s interest in the family partnership passes under the intestate succession law of Montana.”

In re Boushee, 430 P.3d 97 (Mont. 2018). · cites it 3× “Section 72-2-113(1)(b), MCA. However, before a parent can inherit from their child, Montana requires that the parent "openly treated the child as the parent's and has not refused to support the child.”

In Re Matter of Est. of Bovey, 2006 MT 46 (Mont. 2006). · cites it 4× “[2] Section 72-2-113, MCA, states, in part: "(1) .”

Est. of Damjanovich, 2025 MT 259 (Mont. 2025). · cites it 3× “Section 72-2-113(1)(a), MCA. ¶32 Accordingly, we remand for entry of an order of partial intestacy under § 72-3-315, MCA, and for administration of the estate pursuant to the intestate succession provisions of Title 72, chapter 2, MCA.”

Stoican v. Wagner, 2015 MT 54 (Mont. 2015). · cites it 3× “Section 72-2-113(1)(c), MCA. This means that the estate is divided based 1 The Plaintiffs do not appeal the District Court’s decision that John Stoican also did not have standing to pursue these claims.”

— Mont. Code Ann. § 72-2-113(1)(a) — 2 cases

Est. of Damjanovich, 2025 MT 259 (Mont. 2025). “Section 72-2-113(1)(a), MCA. ¶32 Accordingly, we remand for entry of an order of partial intestacy under § 72-3-315, MCA, and for administration of the estate pursuant to the intestate succession provisions of Title 72, chapter 2, MCA.”

In Re Matter of Est. of Bovey, 2006 MT 46 (Mont. 2006). “[2] Section 72-2-113, MCA, states, in part: "(1) .”

— Mont. Code Ann. § 72-2-113(1)(b) — 1 case

In re Boushee, 430 P.3d 97 (Mont. 2018). “Section 72-2-113(1)(b), MCA. However, before a parent can inherit from their child, Montana requires that the parent "openly treated the child as the parent's and has not refused to support the child.”

— Mont. Code Ann. § 72-2-113(1)(c) — 4 cases

Stoican v. Wagner, 2015 MT 54 (Mont. 2015). “Section 72-2-113(1)(c), MCA. This means that the estate is divided based 1 The Plaintiffs do not appeal the District Court’s decision that John Stoican also did not have standing to pursue these claims.”

— Mont. Code Ann. § 72-2-113(a) — 1 case

In Re the Est. of Bennett, 2013 MT 228 (Mont. 2013). “” The District Court determined that Jeremiah’s two minor children are the sole heirs of his intestate estate under § 72-2-113(a), MCA. That statute provides that when, as here, there is no surviving spouse, the entire estate passes “to the decedent’s descendants.”

— Mont. Code Ann. § 72-2-113(l)(a) — 2 cases

In Re the Est. of Bradshaw, 2001 MT 92 (Mont. 2001). “Pursuant to § 72-2-113(l)(a), MCA, when, as here, an intestate decedent leaves no surviving spouse, the decedent's estate then passes to the decedent's descendants.”

In Re the Est. of Bovey, 2006 MT 46 (Mont. 2006). “]@ 5 [I]n construing a dispositive provision of a transferor who is not the adopting parent, an adopted individual is not considered the child of the adopting parent unless the adopted individual lived while a minor, either before or after the adoption, as a regular member of…”

— Mont. Code Ann. § 72-2-113(l)(c) — 1 case

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