Montana Code 72-2-236. Decedent’s nonprobate transfers to surviving spouse
72-2-236. Decedent’s nonprobate transfers to surviving spouse. Excluding property passing to the surviving spouse under the federal social security system, the value of the augmented estate includes the value of the decedent‘s nonprobate transfers to the decedent’s surviving spouse, which consist of all property that passed outside probate at the decedent’s death from the decedent to the surviving spouse by reason of the decedent’s death, including:
Terms Used In Montana Code 72-2-236
- Decedent: A deceased person.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Probate: Proving a will
- Property: means real and personal property. See Montana Code 1-1-205
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
(1)the decedent’s fractional interest in property held as a joint tenant with the right of survivorship, to the extent that the decedent’s fractional interest passed to the surviving spouse as surviving joint tenant;
(2)the decedent’s ownership interest in property or accounts held in co-ownership registration with the right of survivorship, to the extent the decedent’s ownership interest passed to the surviving spouse as surviving co-owner; and
(3)all other property that would have been included in the augmented estate under 72-2-235(1) or (2) had it passed to or for the benefit of a person other than the decedent’s spouse, surviving spouse, the decedent, or the decedent’s creditors, estate, or estate creditors.