Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 6. NONPROBATE TRANSFERS ON DEATH · Part 1. Provisions Relating to Effect of Death
Montana Code Annotated

Mont. Code Ann. § 72-6-111 (2026)

Nonprobate Transfers On Death

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 6
  4. Part 1
  5. 72-6-111 Nonprobate transfers on death

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 6. NONPROBATE TRANSFERS ON DEATH

Part 1. Provisions Relating to Effect of Death

Nonprobate Transfers On Death

72-6-111. Nonprobate transfers on death. (1) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, transfer on death deed, as defined in 72-6-402, marital property agreement, beneficiary designation, as provided in 61-3-226, or other written instrument of a similar nature is nontestamentary. This subsection includes a written provision that:

(a) money or other benefits due to, controlled by, or owned by a decedent before death must be paid after the decedent's death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument or later;

(b) money due or to become due under the instrument ceases to be payable in the event of death of the promisee or the promisor before payment or demand; or

(c) any property controlled by or owned by the decedent before death that is the subject of the instrument passes to a person the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument or later.

(2) This section does not limit rights of creditors under other laws of this state.

History: En. Sec. 83, Ch. 494, L. 1993; amd. Sec. 3, Ch. 258, L. 2007; amd. Sec. 81, Ch. 313, L. 2019; amd. Sec. 3, Ch. 130, L. 2021.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1994–2025 · leading case: Volk v. Goeser, 2016 MT 61 (Mont. 2016).
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Volk v. Goeser, 2016 MT 61 (Mont. 2016). · cites it 10× “Section 72-6-111, MCA. Neither the MSA nor the Parenting Plan include any provision that states either party agreed to procure or maintain a life insurance policy for the benefit of anyone.”
Matter of Est. of Lahren, 886 P.2d 412 (Mont. 1994). · cites it 9× “Section 72-6-111, MCA, (1993). Essentially, the statute remains the same, and at all times applicable, provided the authority to conclude that the P.”
Darty v. Grauman, 419 P.3d 116 (Mont. 2018). · cites it 4× “" Section 72-6-309(1), MCA ; see also § 72-6-111(1), MCA ("A provision for a nonprobate transfer on death in an .”
Est. of Damjanovich, 2025 MT 259 (Mont. 2025). · cites it 2× “See § 72-6-111(1), MCA (nonprobate transfers upon death).”
Scottrade, Inc. v. Davenport, 873 F. Supp. 2d 1306 (D. Mont. 2012). · cites it 2× “2d 412, 415-16 (1994), citing Mont. Code Ann. § 72-6-111 . Upon Jim LeFeber’s death on September 15, 2010, SSUF, ¶ 83, ownership of the account automatically passed to the designated beneficiaries.”
— Mont. Code Ann. § 72-6-111(1) — 2 cases
Darty v. Grauman, 419 P.3d 116 (Mont. 2018). “" Section 72-6-309(1), MCA ; see also § 72-6-111(1), MCA ("A provision for a nonprobate transfer on death in an .”
Est. of Damjanovich, 2025 MT 259 (Mont. 2025). “See § 72-6-111(1), MCA (nonprobate transfers upon death).”
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