Montana § 72-2-116 - Representation
Full text of Montana Montana Code Annotated § 72-2-116 — Representation, with citation guidance and answers to common questions.
§ 72-2-116. Representation
Representation. (1) As used in this section, the following definitions apply: (a) "Deceased descendant", "deceased parent", or "deceased grandparent" means a descendant, parent, or grandparent who either predeceased the decedent or is deemed to have predeceased the decedent under 72-2-114 . (b) "Surviving descendant" means a descendant who neither predeceased the decedent nor is deemed to have predeceased the decedent under 72-2-114 . (2) (a) If, under 72-2-113 (1)(a), a decedent's intestate estate or a part of the intestate estate passes by representation to the decedent's descendants, the estate or part of the estate is divided into as many equal shares as there are: (i) surviving descendants in the generation nearest to the decedent that contains one or more surviving descendants; and (ii) deceased descendants in the same generation who left surviving descendants, if any. (b) Each surviving descendant in the nearest generation is allocated one share. The share of each deceased descendant in the same generation as the surviving descendant is divided in the same manner, with the subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants. (3) (a) If, under 72-2-113 (1)(c) or (1)(d), a decedent's intestate estate or a part of the intestate estate passes by representation to the descendants of the decedent's deceased parents or either of them or to the descendants of the decedent's deceased paternal or maternal grandparents or either of them, the estate or part of the estate is divided into as many equal shares as there are: (i) surviving descendants in the generation nearest the deceased parents or either of them or nearest the deceased grandparents or either of them that contains one or more surviving descendants; and (ii) deceased descendants in the same generation who left surviving descendants, if any. (b) Each surviving descendant in the nearest generation is allocated one share. The share of each deceased descendant in the same generation as the surviving descendant is divided in the same manner, with the subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants.
Frequently Asked Questions About Montana § 72-2-116
What does Montana Code Annotated § 72-2-116 cover?
Section 72-2-116 ("Representation") 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 § 72-2-116?
A common citation format is "Montana Code Annotated § 72-2-116" (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 § 72-2-116 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.