Short answer: If your spouse died without a will in Montana (intestate), the surviving spouse has clear legal rights to inherit, to participate in probate, and to seek court protection if the decedent’s family tries to cut you out. You should act quickly to preserve those rights and consider consulting a probate attorney.

Detailed answer — your rights and how to enforce them under Montana law

This is an introductory, educational explanation only and not legal advice. For legal advice about your situation, consult a licensed attorney.

1. Intestate succession — who inherits

When someone dies without a will, Montana’s intestacy rules determine who inherits the estate. The surviving spouse is a primary heir under Montana law. How much you inherit depends on whether the decedent left surviving children, parents, or other relatives. In many common situations a surviving spouse receives all or most of the estate; in other situations the spouse shares the estate with descendants who are not also the spouse’s children.

See Montana Code Annotated, Title 72 (Probate and Inheritance) for the statutory rules that govern intestate succession: https://leg.mt.gov/bills/mca/title_0720/.

2. Right to participate in probate and to be appointed administrator

If there is no will, someone needs to open an administration (probate) case in the county where the decedent lived. The court will appoint an administrator (sometimes called a personal representative). As the surviving spouse you have a strong claim to be appointed administrator. If the decedent’s family is trying to shut you out, you can ask the court to appoint you and to require that notice be given to all heirs.

Filing for appointment starts a public court process. Once an administrator is appointed, that person has legal authority to collect assets, pay debts, and distribute property according to law. If the family takes control of property outside of the court process, you can ask the court to stop improper transfers and recover estate property.

3. Immediate protections you can seek

• Ask the probate court to appoint you as administrator (or as a co-administrator) so the estate’s affairs move forward under court supervision.
• Request emergency relief if someone is hiding, spending, or transferring estate assets—this can include asking the court for temporary orders that freeze assets or require an accounting.
• Claim statutory allowances that protect the surviving spouse (for example, homestead, family allowance, and exempt property), which ensure funds or property are available to support you while the estate is probated.

4. Ability to challenge improper conduct by the decedent’s family

If family members took control of bank accounts, sold property, or made decisions without court authority, you can ask the probate court to:

• Invalidate improper transfers and restore assets to the estate.
• Require a full inventory and accounting of estate property and transactions.
• Remove an administrator or fiduciary who breaches duties to the estate or acts in bad faith.

5. Practical claims and financial protections

Montana law provides protections that often benefit a surviving spouse even before full distribution. These can include:

• Homestead allowance: a protected share of the home or an allowance in money to protect the surviving spouse.
• Family allowance: a short-term allowance to support the surviving spouse and dependents while probate proceeds.
• Exempt personal property: certain household items, vehicles, and personal effects are often shielded from creditors for the benefit of the family.

These allowances are statutory and are administered through probate. See Montana Code Annotated, Title 72 (Probate and Inheritance) for details: https://leg.mt.gov/bills/mca/title_0720/.

6. What you must do and the timeline

Act promptly. Typical steps include:

1. Obtain multiple certified copies of the death certificate.
2. Gather documents: marriage certificate, any financial account records, deeds, titles, insurance policies, and correspondence.
3. Check for a will (ask the decedent’s attorney, check safe deposit boxes and home files).
4. File a petition for appointment of administrator in the county probate court if no one has filed.
5. Request statutory allowances (homestead, family allowance, exempt property) as part of the probate proceedings.

Probate rules and deadlines vary; if you delay you risk losing options or allowing others to make irreversible transfers.

7. If the family claims a contrary legal right

Often family members believe they have authority because they are close relatives or because they helped manage the decedent’s affairs. That does not automatically override the surviving spouse’s legal rights. The probate court decides who inherits and who may serve as administrator. If the family refuses cooperation, file in court and ask the judge to enforce Montana’s probate and intestacy laws.

8. When to get a lawyer

Consider hiring a probate attorney if:

• Family members physically prevent you from accessing the home or accounts.
• Someone quickly moves assets out of the estate.
• There is disagreement about the heirs or about what property is estate property.
• The estate has significant assets, complicated ownership (business interests, out-of-state real estate), or substantial debts.

An attorney can file for appointment, request emergency relief, handle contested hearings, and negotiate settlements among heirs.

Helpful Hints

• Document everything: keep records of calls, texts, and actions by family members that affect estate property.
• Get certified death certificates early; most institutions request them before releasing accounts.
• Secure the home and valuable documents; if you have a key but are being blocked, ask the court for help rather than forcing entry.
• Do not transfer or spend estate assets on your own. Acting outside the court can create liability and complicate the administration.
• Ask the court for a full inventory and accounting if you suspect asset concealment.
• Explore statutory protections such as homestead, family allowance, and exempt property through probate—these can provide immediate relief.
• If cost is a concern, look for low-cost legal aid in Montana or limited-scope representation to handle critical filings.