# Mont. Code Ann. § 19-20-1005: 19-20-1005 Alternate beneficiaries

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C20_P10_S19-20-1005

## Section

- **Citation:** Mont. Code Ann. § 19-20-1005
- **Heading:** 19-20-1005 Alternate beneficiaries
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 19 / Chapter 20 / Part 10 / Section 19-20-1005

## Text

19-20-1005 . Alternate beneficiaries. (1) A decedent's alternate beneficiary is the decedent's estate if the estate is probated.

(2) (a) If the decedent's estate is not informally or formally probated, the alternate beneficiaries are the surviving individuals determined in the following order of priority, the decedent's:

(i) legal spouse;

(ii) natural and adopted children, in equal shares;

(iii) parents, in equal shares;

(iv) grandchildren, in equal shares;

(v) siblings, in equal shares; or

(vi) nieces and nephews, in equal shares.

(b) Payments to an alternate beneficiary under subsection (2)(a) may be made only after the retirement system receives an affidavit from the individual on a form prescribed by the retirement system attesting that to the best of the individual's knowledge:

(i) there is no living individual who is an eligible alternate beneficiary at a higher level of priority; and

(ii) the decedent's estate will not be formally or informally probated.

(3) If the retirement system is unable to identify and locate a surviving individual listed in subsection (2)(a), the alternate beneficiary is the individual named in the decedent's will as the personal representative or executor of the decedent's estate if:

(a) the total amount to be distributed is $5,000 or less;

(b) payment will be made by December 31 in the year of the death; and

(c) the personal representative or executor files an affidavit on a form prescribed by the retirement system attesting that:

(i) no application or petition for the appointment of another executor or personal representative of the decedent's estate is pending or has been granted in any jurisdiction;

(ii) the affiant is not aware of the existence and location of any individual who would be an eligible alternate beneficiary under subsection (1); and

(iii) the affiant will accept the distribution from the retirement system in the affiant's capacity as executor or personal representative under the decedent's will and will use the funds in conformity with the will and applicable law.

(4) A distribution under subsection (3) will be reported for tax purposes as a final distribution to the decedent.

(5) Payment under this section of benefits due shall constitute full discharge of the retirement system's duties and obligations resulting from the death.

## Nearby sections

- [Mont. Code Ann. § 19-20-1001 19-20-1001 Payments upon death of member prior to retirement](https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C20_P10_S19-20-1001.md)
- [Mont. Code Ann. § 19-20-1002 19-20-1002 Payments on death of retiree](https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C20_P10_S19-20-1002.md)
- [Mont. Code Ann. § 19-20-1003 19-20-1003 Payment of death benefits](https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C20_P10_S19-20-1003.md)
- [Mont. Code Ann. § 19-20-1004 19-20-1004 Compliance with federal act](https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C20_P10_S19-20-1004.md)
- [Mont. Code Ann. § 19-20-1005 19-20-1005 Alternate beneficiaries](https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C20_P10_S19-20-1005.md)
- [Mont. Code Ann. § 19-20-1006 19-20-1006 When beneficiaries designated -- eligible beneficiaries -- right to renounce](https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C20_P10_S19-20-1006.md)
- [Mont. Code Ann. § 19-20-1007 19-20-1007 Requirements for beneficiary designation to be effective](https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C20_P10_S19-20-1007.md)
- [Mont. Code Ann. § 19-20-1008 19-20-1008 Changes to beneficiary designations -- limitations on changing spouse beneficiary interest](https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C20_P10_S19-20-1008.md)
- [Mont. Code Ann. § 19-20-1009 19-20-1009 Payment to minor child -- opportunity to name custodian](https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C20_P10_S19-20-1009.md)
- [Mont. Code Ann. § 19-20-1013 19-20-1013 Supremacy of retirement system provisions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C20_P10_S19-20-1013.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T19_C20_P10_S19-20-1005. Check the current official text before relying on it. Not legal advice.