All property that the decedent and spouse held in joint tenancy with right of survivorship goes 100% to the surviving spouse, since the joint tenancy contract comes before the Montana intestate statutes. If the person is only survived by a spouse, and not by a parent or children, the entire estate goes to the spouse. If the decedent is survived by a spouse and children, who are both the decedent's and the surviving spouse's children, and there are no surviving children of only the surviving spouse, the spouse receives the entire estate. If, however, the decedent had certificates of deposits in joint tenancy that had a right of survivorship provision with the decedent's children, those certificates of deposits would go directly to the children. If the decedent is survived by a spouse and parent(s), the spouse gets $200,000 plus 75% of the remaining estate. The remaining onefourth of the estate goes to the decedent's parent(s). If, however, the property is in joint tenancy and has the right of survivorship with the spouse, the entire estate goes to the spouse and the parents receive nothing. If a spouse, children of both the decedent and the surviving spouse, and children only of the surviving spouse but not of the decedent, survive the decedent, the spouse inherits $150,000 plus 50% of the remaining estate. The decedent's children receive the remaining half of the estate. The children who are only the surviving spouse's decedents do not inherit from the estate. If, however, the property was held in joint tenancy with right of survivorship going to the surviving spouse, the spouse inherits the entire estate and the children receive nothing. If a spouse and children who are only the decedent's descendants survive the decedent, the spouse inherits $100,000 and onehalf of the remaining estate. The decedents' children inherit the remaining 505 of the estate. If the decedent and surviving spouse held the property in joint tenancy, only the surviving spouse would inherit from the estate. The children would receive nothing. If there is no surviving spouse, the entire estate goes to the descendants. If the descendant's child died, that child's children equally share the dead child's portion. If all of the descendant's children are no longer living, the grandchildren share the estate equally. If there are no surviving spouse or descendants, the decedent's parents share the estate equally. If only one is alive, that parent receives the entire estate. If the decedent is not survived by a spouse, descendant or parent, the decedent's siblings inherit the estate equally. If a sibling is no longer living, that sibling's children equally inherit that sibling's share. If there are no surviving spouse, descendants, parents or siblings, then half of the estate goes to the paternal grandparents and half to the maternal grandparents. If the maternal grandparents or the paternal grandparents are no longer living, their share goes to their children. In other words, if the maternal grandparents are no longer living, that share goes to the maternal grandparents' children (the decedent's aunts and uncles on the decedent's mother's side or their children (the decedents' cousins) if the aunts and uncles are no longer living.) The paternal grandparents' share would go to the paternal grandparents' children in the same manner if the paternal grandparents were no longer living. If there is no spouse, decedent, parent, sibling, grandparent, etc., who survived the decedent, the estate goes to the person who has the closest degree of kinship with the decedent. If there is no one who survives the decedent, it goes to the State of Montana.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.