72-2-221. Elective share. - Montana Statutes

     72-2-221. Elective share. (1) The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this part, to take an elective-share amount equal to the value of the elective-share percentage of the augmented estate, determined by the length of time the spouse and the decedent were married to each other, in accordance with the following schedule: If the decedent and theThe elective-sharespouse were married topercentage is:each other:Less than 1 yearsupplemental amount only1 year but less than 2 years3% of the augmented estate2 years but less than 3 years6% of the augmented estate3 years but less than 4 years9% of the augmented estate4 years but less than 5 years12% of the augmented estate5 years but less than 6 years15% of the augmented estate6 years but less than 7 years18% of the augmented estate7 years but less than 8 years21% of the augmented estate8 years but less than 9 years24% of the augmented estate9 years but less than 10 years27% of the augmented estate10 years but less than 11 years30% of the augmented estate11 years but less than 12 years34% of the augmented estate12 years but less than 13 years38% of the augmented estate13 years but less than 14 years42% of the augmented estate14 years but less than 15 years46% of the augmented estate15 years or more50% of the augmented estate
     (2) If the sum of the amounts described in 72-2-222(2)(d), 72-2-227(1)(a) through (1)(c), and that part of the elective-share amount payable from the decedent's probate estate and nonprobate transfers to others under 72-2-227(2) and (3) is less than $50,000, the surviving spouse is entitled to a supplemental elective-share amount equal to $50,000, minus the sum of the amounts described in those sections. The supplemental elective-share amount is payable from the decedent's probate estate and from recipients of the decedent's nonprobate transfers to others in the order of priority set forth in 72-2-227(2) and (3).
     (3) If the right of election is exercised by or on behalf of the surviving spouse, the surviving spouse's homestead allowance, exempt property, and family allowance, if any, are not charged against but are in addition to the elective-share and supplemental elective-share amounts.
     (4) The right, if any, of the surviving spouse of a decedent who dies domiciled outside this state to take an elective share in property in this state is governed by the law of the decedent's domicile at death.

     History: En. 91A-2-201 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-201; amd. Sec. 50, Ch. 494, L. 1993; Sec. 72-2-702, MCA 1991; redes. 72-2-221 by Code Commissioner, 1993; amd. Sec. 4, Ch. 592, L. 1995; amd. Sec. 2, Ch. 290, L. 1999.