Montana § 72-2-114 - Requirement That Heir Survive Decedent For 120 Hours
Full text of Montana Montana Code Annotated § 72-2-114 — Requirement That Heir Survive Decedent For 120 Hours, with citation guidance and answers to common questions.
§ 72-2-114. Requirement That Heir Survive Decedent For 120 Hours
Requirement that heir survive decedent for 120 hours. An individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly. If it is not established by clear and convincing evidence that an individual who would otherwise be an heir survived the decedent by 120 hours, it is deemed that the individual failed to survive for the required period. This section is not to be applied if its application would result in a taking of intestate estate by the state under 72-2-115 .
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 72-2-114
What does Montana Code Annotated § 72-2-114 cover?
Section 72-2-114 ("Requirement That Heir Survive Decedent For 120 Hours") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 72-2-114?
A common citation format is "Montana Code Annotated § 72-2-114" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 72-2-114 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.