Dying Without a Will in Montana

Collage of Family Members

Who receives your property if you pass away without a written will? Use this Web site to discover how your property will be distributed under Montana law if you are a Montana resident and if you pass away without a written will (as do 7 out of 10 Americans).

Keep in mind Montana Intestate Succession statutes do not control the distribution of payable upon death (POD) deposits, transfer on death (TOD) designations, or joint tenancy with right of survivorship contracts or other contracts in which you have a designated beneficiary such as a life insurance policy, annuities or individual retirement accounts (IRAs). 

However, if you have named your estate as the beneficiary or if your designated beneficiaries have predeceased you and an alternative beneficiary is not named, then Montana Intestate Succession statutes apply.



Order a CD:

If you find you system is "slow" downloading the information you may wish to receive our CD containing the same information. We can also send a CD to friends, relatives, or colleagues whom you also think would be interested. To order click here.

Summary of Family Situations :

A summary of the 35 family situations examed in the Web site are provided here. The scenarios describe family situations. If after, you have explored this Web site, you discover your family situation is no illustrated, click here.


This Web site has been reviewed by a member of the School of Law, University of Montana and the Business, Estates, Tax, Trust, and Real Property Section, State Bar of Montana.

Technical assistance with the development of the Web site provided by Keri Hayes, Publications Assistant, Department of Agricultural Economics and Economics, Montana State University.


The information appearing in this Website is presented for informational purposes only and should not be considered as legal advice or be used as such. For legal information specific to your situation you should confer with an attorney.