Montana Estate Succession: Everything You Need to Know

What happens to your property if you die without a will? An estate planning lawyer can help you avoid confusion, delays, and unwanted outcomes. Learn how Montana’s estate succession laws work, who inherits what, and why having a clear plan ensures your wishes are honored and your loved ones are protected. Read here!

It's critical to think about the future. Nobody likes to consider what comes later in life after they are gone, but it is nevertheless critically important. Without a will, you may find that your things won't end up with the people you want. This is why consulting with an estate planning lawyer is in your best interests. A good lawyer will help you plan for the future to ensure that your estate is disbursed in accordance with your wishes and that your loved ones are cared for.

What happens if a person dies without a will?

When a person dies with no will, his or her property will go through the succession process for assets owned "intestate" (i.e., without a will). This is governed by Montana law, which outlines who is considered to be an heir. Just because a family member is your "closest family member" does not mean under the law he/she will receive your assets.

Only property that has to go through probate will be governed by the intestacy rules set out by state law. For example, if the property has named beneficiaries, the assets do not automatically go to the closest family member. For example, if you have a life insurance policy with a named beneficiary, or if you have a joint bank account with someone else or own property jointly with a co-owner, those assets automatically go to that person. However, everything else must go through the legal process outlined by the State.

Who Inherits Under Montana Law?

Your heirs depend on your family situation. The law follows a set order.

• If you are married and have no children or living parents, your spouse gets everything. If you have children but no spouse, your children inherit everything.  
• If you have both a spouse and children from the husband's relationship, your spouse inherits everything.  
• If you have both a spouse and children from a previous relationship, your spouse inherits the first $150,000.00 and half of the remaining balance; your children inherit whatever remains. 
• If you have a spouse and parents but no children, the spouse inheriting will receive the first $300,000.00 and three-fourths of the rest. The remaining one-fourth would go to your parents.  
• If you have no spouse, children, or parents, your estate will go to siblings, grandparents, aunts, uncles, or cousins. 
• If none of those relatives exist, then the State gets the property.  

What About Stepchildren and Adopted Children?  

If you have adopted children, they will inherit like biological children. However, stepchildren do not automatically inherit unless they are legally adopted. If you desire for your stepchildren to inherit, you must account for that in the will. "Children" who were placed for adoption but then adopted by another family will not inherit under Montana law. Children who were adopted by your spouse, though, will still considered your children for inheritance rights.

What Happens to Your Spouse?

If you are married, your spouse will typically inherit most or all of your estate if you have no children, parents, or stepchildren. Depending on your family structure, the amount your spouse receives may change. If you die without a will and only your spouse survives you, your spouse will inherit everything. However, if your spouse also has children from a previous relationship, they will inherit less. This dynamic can make financial planning difficult for blended families. Having an estate plan can ensure a fair distribution of your assets and avoid legal issues. 

How Do Grandchildren Inherit?

Regarding grandchildren, they will not inherit automatically from you unless their parent (your child) is deceased. For example, if your child dies before you, then their share will pass to their children, meaning your grandchildren will only inherit if their parents are unable to. If you want your grandchildren to inherit if you pass, you'll need to make sure it is specified in your will or trust because if you die without a will or trust, your grandchildren may not inherit anything based upon the Montana estate succession laws.

Without a proper plan in place, your loved ones may encounter delays, legal fees, and uncertainty. They could even wind up fighting in court to settle your estate. This process can stretch out for months and add stress to an already difficult time.

With a plan in place, you can ensure your loved ones receive what you want them to have. Estate planning also helps lower taxes while protecting your assets. With a will or trust in place, you can have the last word on who gets your property instead of leaving it entirely to the state.

Montana has clear laws about how to distribute your assets if you die without a will. Those laws may not be aligned with your wishes. If you want to ensure your property goes to the people you want, now is the time to take action. Estate planning helps protect your family and avoid complications in the future.