What Happens If You Die Without a Will in Montana?  

Nobody wants to spend their Saturday afternoon thinking about death and wills. You’d rather be hiking in Glacier National Park or planning your next fishing trip. But here’s the uncomfortable truth: if something happens to you tomorrow and you don’t have a will, Montana is going to make some pretty big decisions about your life’s work—and they might not be the decisions you’d make. 

Your family ranch that’s been in the family for generations? Your savings account that you wanted to go toward your grandkids’ college fund? That vintage truck you’ve been restoring? Without a will, the state of Montana gets to decide who gets what, and trust us, they don’t know your family like you do. 

When Montana Becomes Your Family’s Decision-Maker 

Here’s what happens when you die without a will in Montana: your estate becomes what lawyers call “intestate.” Sounds fancy, but it just means the state has a one-size-fits-all formula for dividing up everything you’ve worked for. It’s like having a stranger make decisions about your family’s future based on a legal checklist. 

Montana’s lawmakers tried to be fair when they wrote these rules, but “fair” according to a law book and “fair” according to your family’s actual situation can be two very different things. 

The State’s Formula for Your Family 

So how does Montana decide who gets what? They follow a strict pecking order that looks something like this (Montana Code): 

If you’re married and it’s a “simple” situation (all your kids are with your current spouse, or you don’t have kids), your spouse gets everything. Seems reasonable, right? 

But if you have kids from a previous relationship? Things get complicated fast. Your current spouse gets the first $150,000 plus half of whatever’s left. Your kids from your previous marriage split the other half. 

Now imagine trying to explain to your current spouse why they have to share the house they’ve lived in for 20 years with your ex’s kids. Or picture your teenagers trying to make financial decisions alongside a stepparent they barely know. It’s a recipe for family drama that can last for years. 

If you’re not married but have kids, they split everything equally. Sounds simple until you realize your responsible 25-year-old gets the same inheritance as your 18-year-old who’s never balanced a checkbook. 

No spouse or kids? Your parents inherit everything. That might work if you’re 25, but if you’re 50 and wanted to leave something to your favorite nephew or the local animal shelter? Tough luck (Montana Code). 

No close family at all? It goes to siblings, then nieces and nephews, and on down the line. And if they can’t find anyone? Congratulations—the state of Montana just inherited your life’s work (Montana Code). 

The Heartbreaking Reality for Parents 

Here’s the part that keeps us up at night: if you have minor children and no will, a judge gets to decide who raises them (Montana.edu). Not you. A judge who’s never met your kids, doesn’t know your family dynamics, and has about 15 minutes to make one of the most important decisions in your children’s lives. 

Maybe you’d want your sister to raise them, but your parents think they should do it. Maybe your brother would be perfect, but he lives out of state and the judge thinks local is better. Without a will spelling out your wishes, it becomes a legal battle at the worst possible time for your children. 

What About Your Trust or Joint Accounts? 

Now here’s where it gets a little more complicated. Some of your assets won’t go through this whole intestacy process at all (MSU). Things like: 

• Joint bank accounts or property (these usually go automatically to the surviving owner) 

• Life insurance or retirement accounts with named beneficiaries 

• Assets you’ve put into a trust 

This is actually good news—it means you have some control even without a traditional will. But it also means your estate planning needs to be comprehensive. Having a trust for some assets but no will for others is like building half a bridge. 

The Real Cost of “I’ll Get to It Later” 

We’ve seen families torn apart by intestacy situations that could have been avoided with a simple will. We’re talking about: 

Months or even years of legal proceedings while your family can’t access the money they need for daily expenses. Imagine your spouse trying to pay the mortgage while your assets are tied up in probate court. 

Family relationships destroyed by disagreements over what you “would have wanted.” Your kids fighting with each other, your spouse clashing with your parents, siblings taking sides—all because no one knows for sure what your wishes were. 

Massive legal bills that eat up the very assets you wanted to protect. Every family meeting becomes a billable hour, every disagreement becomes a court hearing. 

Your children’s future derailed by guardianship battles or poorly managed inheritances. 

The Truth About Estate Planning in Montana 

Look, we’re not trying to scare you into making hasty decisions. But we are trying to get you to make some decisions, period. Estate planning doesn’t have to be complicated or expensive, but it does have to exist. 

A basic will can solve most of these problems. A trust might make sense if your situation is more complex. The key is getting something in place that reflects your actual wishes, not the state’s best guess. 

We Make This Easier Than You Think 

At Gravis Law, we’ve helped hundreds of Montana families from our Billings, Bozeman, Great Falls, and Whitefish locations navigate estate planning, and here’s what we’ve learned: most people put this off not because they don’t care, but because they think it’s going to be overwhelming, expensive, or complicated. 

It doesn’t have to be any of those things. We speak plain English, not legal jargon. We focus on what actually matters to your family, not every possible scenario that might happen. And we make sure you understand exactly what you’re signing and why. 

Whether you need a simple will, a comprehensive trust, or something in between, we’ll help you create a plan that actually works for your life. 

Ready to stop letting Montana make decisions for your family? Contact Gravis Law today. Let’s get your estate plan sorted so you can get back to enjoying all the things that make life in Montana great—with the peace of mind that comes from knowing your family is protected.