# Mont. Code Ann. § 72-2-237: 72-2-237 Surviving spouse's property and nonprobate transfers to others

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T72_C2_P2_S72-2-237

## Section

- **Citation:** Mont. Code Ann. § 72-2-237
- **Heading:** 72-2-237 Surviving spouse's property and nonprobate transfers to others
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 72 / Chapter 2 / Part 2 / Section 72-2-237

## Text

72-2-237 . Surviving spouse's property and nonprobate transfers to others. (1) Except to the extent included in the augmented estate under 72-2-234 or 72-2-236 , the value of the augmented estate includes the value of:

(a) property that was owned by the decedent's surviving spouse at the decedent's death, including:

(i) the surviving spouse's fractional interest in property held in joint tenancy with the right of survivorship;

(ii) the surviving spouse's ownership interest in property or accounts held in co-ownership registration with the right of survivorship; and

(iii) property that passed to the surviving spouse by reason of the decedent's death, but not including the spouse's right to homestead allowance, family allowance, exempt property, or payments under the federal social security system; and

(b) property that would have been included in the surviving spouse's nonprobate transfers to others, other than the spouse's fractional and ownership interests included under subsection (1)(a)(i) or (1)(a)(ii), had the spouse been the decedent.

(2) Property included under this section is valued at the decedent's death, taking the fact that the decedent predeceased the spouse into account, but, for purposes of subsection (1)(a)(i) and (1)(a)(ii), the values of the spouse's fractional and ownership interests are determined immediately before the decedent's death if the decedent was then a joint tenant or a co-owner of the property or accounts.

(3) The value of property included under this section is reduced by enforceable claims against the surviving spouse.

## Nearby sections

- [Mont. Code Ann. § 72-2-231 72-2-231 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T72_C2_P2_S72-2-231.md)
- [Mont. Code Ann. § 72-2-232 72-2-232 Elective share](https://www.frixlaw.com/law-library/statutes/STATE_MT_T72_C2_P2_S72-2-232.md)
- [Mont. Code Ann. § 72-2-233 72-2-233 Composition of the augmented estate](https://www.frixlaw.com/law-library/statutes/STATE_MT_T72_C2_P2_S72-2-233.md)
- [Mont. Code Ann. § 72-2-234 72-2-234 Decedent's net probate estate](https://www.frixlaw.com/law-library/statutes/STATE_MT_T72_C2_P2_S72-2-234.md)
- [Mont. Code Ann. § 72-2-235 72-2-235 Decedent's nonprobate transfers to others](https://www.frixlaw.com/law-library/statutes/STATE_MT_T72_C2_P2_S72-2-235.md)
- [Mont. Code Ann. § 72-2-236 72-2-236 Decedent's nonprobate transfers to surviving spouse](https://www.frixlaw.com/law-library/statutes/STATE_MT_T72_C2_P2_S72-2-236.md)
- [Mont. Code Ann. § 72-2-237 72-2-237 Surviving spouse's property and nonprobate transfers to others](https://www.frixlaw.com/law-library/statutes/STATE_MT_T72_C2_P2_S72-2-237.md)
- [Mont. Code Ann. § 72-2-238 72-2-238 Exclusions, valuation, and overlapping application](https://www.frixlaw.com/law-library/statutes/STATE_MT_T72_C2_P2_S72-2-238.md)
- [Mont. Code Ann. § 72-2-239 72-2-239 Sources from which elective share payable](https://www.frixlaw.com/law-library/statutes/STATE_MT_T72_C2_P2_S72-2-239.md)
- [Mont. Code Ann. § 72-2-240 72-2-240 Personal liability of recipients](https://www.frixlaw.com/law-library/statutes/STATE_MT_T72_C2_P2_S72-2-240.md)
- [Mont. Code Ann. § 72-2-241 72-2-241 Proceeding for elective share -- time limit](https://www.frixlaw.com/law-library/statutes/STATE_MT_T72_C2_P2_S72-2-241.md)
- [Mont. Code Ann. § 72-2-242 72-2-242 Right of election personal to surviving spouse -- incapacitated surviving spouse](https://www.frixlaw.com/law-library/statutes/STATE_MT_T72_C2_P2_S72-2-242.md)
- [Mont. Code Ann. § 72-2-243 72-2-243 Effect of premarital or marital agreement right to elect and of other rights](https://www.frixlaw.com/law-library/statutes/STATE_MT_T72_C2_P2_S72-2-243.md)
- [Mont. Code Ann. § 72-2-244 72-2-244 Protection of payors and other third parties](https://www.frixlaw.com/law-library/statutes/STATE_MT_T72_C2_P2_S72-2-244.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T72_C2_P2_S72-2-237. Check the current official text before relying on it. Not legal advice.