# Mont. Code Ann. § 72-2-241: 72-2-241 Proceeding for elective share -- time limit > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T72_C2_P2_S72-2-241 ## Section - **Citation:** Mont. Code Ann. § 72-2-241 - **Heading:** 72-2-241 Proceeding for elective share -- time limit - **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 72-2-241 ## Text 72-2-241 . Proceeding for elective share -- time limit. (1) Except as provided in subsection (2), the election must be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within 9 months after the date of the decedent's death or within 6 months after the probate of the decedent's will, whichever limitation later expires. The surviving spouse shall give notice of the time and place set for hearing to persons interested in the estate and to the distributees and recipients of portions of the augmented estate whose interests will be adversely affected by the taking of the elective share. Except as provided in subsection (2), the decedent's nonprobate transfers to others described in 72-2-235 , is not included within the augmented estate for the purpose of computing the elective share if the petition is filed more than 9 months after the decedent's death. (2) Within 9 months after the decedent's death, the surviving spouse may petition the court for an extension of time for making an election. If, within 9 months after the decedent's death, the spouse gives notice of the petition to all persons interested in the decedent's nonprobate transfers to others the court for cause shown by the surviving spouse may extend the time for election. If the court grants the spouse's petition for an extension, the decedent's nonprobate transfers to others described in 72-2-235 , is not excluded from the augmented estate for the purpose of computing the elective-share and supplemental elective-share amounts if the spouse makes an election by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within the time allowed by the extension. (3) The surviving spouse may withdraw a demand for an elective share at any time before entry of a final determination by the court. (4) After notice and hearing, the court shall determine the elective-share and supplemental elective-share amounts and shall order its payment from the assets of the augmented estate or by contribution as appears appropriate under 72-2-239 . If it appears that a fund or property included in the augmented estate has not come into the possession of the personal representative or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the fund or property or who has possession thereof, whether as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief could be sought, but no person is subject to contribution in any greater amount than the person would have been under 72-2-239 if relief had been secured against all persons subject to contribution. (5) The order or judgment of the court may be enforced as necessary in suit for contribution or payment in other courts of this state or other jurisdictions. ## 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) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T72_C2_P2_S72-2-241. Check the current official text before relying on it. Not legal advice.