72-2-233. Composition of the augmented estate. (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:
(a) the decedent's net probate estate;
(b) the decedent's nonprobate transfers to others;
(c) the decedent's nonprobate transfers to the surviving spouse; and
(d) the surviving spouse's property and nonprobate transfers to others.
(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:
History: En. Sec. 15, Ch. 313, L. 2019.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers
Part 2. Elective Share of Surviving Spouse
72-2-208. and 72-2-209 reserved
72-2-216. through 72-2-220 reserved
72-2-233. Composition of the augmented estate
72-2-234. Decedent's net probate estate
72-2-235. Decedent's nonprobate transfers to others
72-2-236. Decedent's nonprobate transfers to surviving spouse
72-2-237. Surviving spouse's property and nonprobate transfers to others
72-2-238. Exclusions, valuation, and overlapping application
72-2-239. Sources from which elective share payable
72-2-240. Personal liability of recipients
72-2-241. Proceeding for elective share -- time limit
72-2-242. Right of election personal to surviving spouse -- incapacitated surviving spouse
72-2-243. Effect of premarital or marital agreement right to elect and of other rights