Who receives your property if you pass away without a written will? Use this website 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).  This website has been updated to reflect changes made by the 2019 Legislature effective October 1, 2019.  

Keep in mind Montana Intestate Succession statutes do not control the distribution of payable upon death (POD) designations, transfer on death (TOD) registrations, transfer on death deeds for real property, 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 your Internet 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 in what happens to their property if they die without a will. To order go to  Order CD website.

Summary of Family Situations :

A summary of the 35 family situations examined in the website are provided. The scenarios describe family situations. If after, you have explored this website, and you discover your family situation is not illustrated, email [email protected].


This website has been reviewed by a member of the Alexander Blewett III 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.