{"data":{"id":"us-mt/72-2-233","jurisdiction":"us-mt","citation":"72-2-233","heading":"Composition of the augmented estate.","body":"(1) Subject to 72-2-238, the value of the augmented estate, to the extent provided in 72-2-234 through 72-2-237, consists of the sum of the values of all property, whether real or personal; movable or immovable, tangible or intangible, wherever situated, that constitute:\n(a) the decedent's net probate estate;\n(b) the decedent's nonprobate transfers to others;\n(c) the decedent's nonprobate transfers to the surviving spouse; and\n(d) the surviving spouse's property and nonprobate transfers to others.\n(2) The value of the marital-property portion of the augmented estate consists of the sum of the values of the four components of the augmented estate as determined under subsection (1) multiplied by the following percentage:\nIf the decedent and the spouse\tThe percentage is:\nwere married to each other:\nLess than 1 year\t3%\n1 year but less than 2 years\t6%\n2 years but less than 3 years\t12%\n3 years but less than 4 years\t18%\n4 years but less than 5 years\t24%\n5 years but less than 6 years\t30%\n6 years but less than 7 years\t36%\n7 years but less than 8 years\t42%\n8 years but less than 9 years\t48%\n9 years but less than 10 years\t54%\n10 years but less than 11 years\t60%\n11 years but less than 12 years\t68%\n12 years but less than 13 years\t76%\n13 years but less than 14 years\t84%\n14 years but less than 15 years\t92%\n15 years or more\t100%","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 2. UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS","Part 2. Elective Share of Surviving Spouse"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0020/section_0330/0720-0020-0020-0330.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:58:57Z","sha256":"36332addd96f1ca20bb7c42aff818b81b2663360de2ba77286ef33cc33696fab","source_id":"us-mt","stale":false,"prev":"us-mt/72-2-232","next":"us-mt/72-2-234"},"notice":"GroundRules: Original legal text. Not legal advice."}