Estate Law · Montana
Montana estate planning rules
State-specific rules that affect how your estate is distributed, how probate works, and what planning steps matter most for Montana residents.
- Montana intestacy gives the spouse the entire estate when descendants are mutualMontana intestacy: spouse takes entire estate with mutual descendants; with prior-relationship descendants, $150,000 plus half. UPC framework.
- Montana recognizes attested wills, holographic wills, and harmless-error willsMontana recognizes attested wills, holographic wills, and harmless-error wills. Flexible UPC framework with multiple pathways.
- Montana collection by affidavit handles personal property up to $50,000Montana collection by affidavit allows personal property collection up to $50,000 without probate. 30-day waiting period.
- Montana's Uniform Power of Attorney Act provides default-durable POAsMontana POAs are durable by default under the Uniform Power of Attorney Act (2011). Hot powers require express enumeration. Healthcare directive separate.
- Montana allows community property opt-in through trust frameworkMontana allows community property opt-in through premarital agreements or trust structures. No state death tax. Federal double step-up available.
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Check your situationThis information is educational, not legal advice. For complex situations, consult a licensed Montana attorney.