Montana Code Annotated

Mont. Code Ann. § 72-2-204 (2026)

Renumbered 72-2-116

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TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 2. Elective Share of Surviving Spouse

Renumbered 72-2-116

72-2-204. Renumbered 72-2-116. Code Commissioner, 1993.

Notes of Decisions
Cited in 3 cases, 1986–1992 · leading case: Ford v. Ford, 512 A.2d 389 (Md. 1986).
Ford v. Ford, 512 A.2d 389 (Md. 1986). · cites it 2× “§ 91-1-25 (1972); Mont. Code Ann. § 72-2-204 (1985); Neb. Rev.”
Dahood v. Frankovich, 746 P.2d 115 (Mont. 1987). · cites it 6× “Counsel further argue from the official comments to the Uniform Probate Code under Section 72-2-203, MCA, which stated that “in general the principle of representation is adopted as the pattern which most decedents would prefer.” Montana Code Annotated, Part 2, Vol.”
In re the Est. of Mebust, 843 P.2d 310 (Mont. 1992). · cites it 9× “The District Court applied the definition of “representation” provided at Section 72-2-204, MCA: If representation is called for by this code, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same…”
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