72-2-801. Renumbered 72-2-412. Code Commissioner, 1993.
Montana Code Annotated
Mont. Code Ann. § 72-2-801 (2026)
Renumbered 72-2-412
✓ 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 8. General Provisions Concerning Probate and Nonprobate Transfers
Renumbered 72-2-412
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1980–2021 · leading case: Matter of Est. of Merkel, 618 P.2d 872 (Mont. 1980).
Matter of Est. of Merkel, 618 P.2d 872 (Mont. 1980). “” Section 72-2-801, MCA. “Exempt property. (1) In addition to the homestead allowance, the surviving spouse of a decedent who was domiciled in this state is entitled from the estate to value not exceeding $3,500 .”
Matter of Est. of Lawson, 721 P.2d 760 (Mont. 1986). “The homestead, exempt property, and family allowances are allowed by Sections 72-2-801, 802, and 803, MCA, respectively, Section 72-2-801, MCA, states: “A surviving spouse of a decedent who was domiciled in this state is entitled to a homestead allowance of $20,000 .”
Matter of Est. of Heiser, 672 P.2d 1124 (Mont. 1983). “Montana’s homestead allowance statute, section 72-2-801, MCA, provides that a surviving spouse (defined as one who outlives his deceased spouse by 120 hours) who is domiciled in this state is entitled to a homestead allowance of $20,000.”
Matter of Est. of Flasted, 741 P.2d 750 (Mont. 1987). “In May 1984, Roberta moved the court to grant her the homestead and family allowances provided for at Sections 72-2-801, and -803, MCA. In August 1984, the court denied Roberta both the homestead and family allowance on the basis that she had waived the same in the May 1983…”
Matter of Est. of Wilhelm, 760 P.2d 718 (Mont. 1988). “Credit Alliance Corporation appeals from the judgment of the District Court of the Fourth Judicial District, Missoula County, which determined that certain real property located within Missoula County was subject to the family protection allowances of Section 72-2-801 et seq.,…”
Credit All. Corp. v. Wilhelm, 693 F. Supp. 884 (D. Mont. 1988). “Code Ann. gives a surviving spouse $3,500.00 of exempt property, or in lieu thereof, assets to make up a deficiency, with priority over other claims.”
Est. of Dower (Mont. 2021). “Linda asks for a family allowance of$20,250 to her(with the remainder paid to Destiny's caregiver, Dan) for a total family allowance of $27,000.”
Est. of Wilhelm (Mont. 1988). “125, AS and § 72-2-801(2), MCA. A similar priority has been granted under the family allowance and exempt property provisions in order to provide the dependents of the decedent with the means to provide themselves with the basic necessities of life.”
— Mont. Code Ann. § 72-2-801(2) — 3 cases
Matter of Est. of Wilhelm, 760 P.2d 718 (Mont. 1988). “Credit Alliance Corporation appeals from the judgment of the District Court of the Fourth Judicial District, Missoula County, which determined that certain real property located within Missoula County was subject to the family protection allowances of Section 72-2-801 et seq.,…”
Est. of Dower (Mont. 2021). “Linda asks for a family allowance of$20,250 to her(with the remainder paid to Destiny's caregiver, Dan) for a total family allowance of $27,000.”
Est. of Wilhelm (Mont. 1988). “125, AS and § 72-2-801(2), MCA. A similar priority has been granted under the family allowance and exempt property provisions in order to provide the dependents of the decedent with the means to provide themselves with the basic necessities of life.”
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