72-9-107. Disposition upon death. Upon death of a married person, one-half of the property to which this part applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the Uniform Probate Code. One-half of that property is the property of the decedent and is subject to testamentary disposition or distribution under the Uniform Probate Code. With respect to property to which this part applies, the one-half of the property which is the property of the decedent is not subject to the surviving spouse's right to elect against the will.
History: En. Sec. 4, Ch. 395, L. 1989; Sec. 72-6-107, MCA 1991; redes. 72-9-107 by Code Commissioner, 1993.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 9. Disposition of Community Property Rights at Death
Part 1. Uniform Disposition of Community Property Rights at Death
72-9-103. Rebuttable presumptions
72-9-104. through 72-9-106 reserved
72-9-107. Disposition upon death
72-9-108. Perfection of title of surviving spouse
72-9-109. Perfection of title of personal representative, heir, or devisee
72-9-110. Purchaser for value or lender
72-9-111. through 72-9-113 reserved
72-9-115. Acts of married persons
72-9-116. Limitations on testamentary disposition