Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION · Part 9. Special Provisions Relating to Distribution
Montana Code Annotated

Mont. Code Ann. § 72-3-901 (2026)

Abatement

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 3
  4. Part 9
  5. 72-3-901 Abatement

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

Part 9. Special Provisions Relating to Distribution

Abatement

72-3-901. Abatement. (1) Except as provided in subsection (3) and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following order:

(a) property not disposed of by the will;

(b) residuary devises;

(c) general devises;

(d) specific devises.

(2) For purposes of abatement, a general devise charged on any specific property or fund is a specific devise to the extent of the value of the property on which it is charged and, upon the failure or insufficiency of the property on which it is charged, a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.

(3) If the will expresses an order of abatement or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (1), the shares of the distributees abate as may be found necessary to give effect to the intention of the testator.

(4) If the subject of a preferred devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in or contribution from other interests in the remaining assets.

History: En. 91A-3-902 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-902.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 1989–2021 · leading case: In Re the Est. of Barber, 779 P.2d 477 (Mont. 1989).
Sort: Relevance Newest Treatment
In Re the Est. of Barber, 779 P.2d 477 (Mont. 1989). · cites it 7× “The District Court found that the abatement statute, § 72-3-901, MCA, applied because the residue of the estate and the interest accrued was insufficient to pay all expenses and disbursements.”
Est. of Dower, 2021 MT 245 (Mont. 2021). · cites it 32× “¶18 Finally, the abaternent statute set forth in § 72-3-901, MCA, does not apply to the Trust.”
Est. of Dower (Mont. 2021). · cites it 13× “§72-3-901, MCA;Estate ofBarber, 239 Mont.”
Est. of Dower (Mont. 2021). · cites it 2× “The District Court determined that the remainder of Douglas's assets, held in an irrevocable trust, were not probate assets that could be used to satisfy Linda's allowances and spousal claims. After reviewing the District Court's order and the parties' briefs, the Court has…”
— Mont. Code Ann. § 72-3-901(1) — 2 cases
Est. of Dower, 2021 MT 245 (Mont. 2021). “¶18 Finally, the abaternent statute set forth in § 72-3-901, MCA, does not apply to the Trust.”
Est. of Dower (Mont. 2021). “§72-3-901, MCA;Estate ofBarber, 239 Mont.”
— Mont. Code Ann. § 72-3-901(1)(a) — 1 case
Est. of Dower, 2021 MT 245 (Mont. 2021). “¶18 Finally, the abaternent statute set forth in § 72-3-901, MCA, does not apply to the Trust.”
— Mont. Code Ann. § 72-3-901(1)(b) — 1 case
Est. of Dower, 2021 MT 245 (Mont. 2021). “¶18 Finally, the abaternent statute set forth in § 72-3-901, MCA, does not apply to the Trust.”
— Mont. Code Ann. § 72-3-901(1)(c) — 1 case
Est. of Dower, 2021 MT 245 (Mont. 2021). “¶18 Finally, the abaternent statute set forth in § 72-3-901, MCA, does not apply to the Trust.”
— Mont. Code Ann. § 72-3-901(1)(d) — 1 case
Est. of Dower, 2021 MT 245 (Mont. 2021). “¶18 Finally, the abaternent statute set forth in § 72-3-901, MCA, does not apply to the Trust.”
— Mont. Code Ann. § 72-3-901(2) — 1 case
In Re the Est. of Barber, 779 P.2d 477 (Mont. 1989). “The District Court found that the abatement statute, § 72-3-901, MCA, applied because the residue of the estate and the interest accrued was insufficient to pay all expenses and disbursements.”
— Mont. Code Ann. § 72-3-901(3) — 1 case
Est. of Dower, 2021 MT 245 (Mont. 2021). “¶18 Finally, the abaternent statute set forth in § 72-3-901, MCA, does not apply to the Trust.”
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