Joint tenancy overrides a will, and divorce overrides joint tenancy
Under MCA § 70-20-310, joint tenancy with survivorship passes automatically to the surviving owner — even if a will says otherwise. But a real Montana Supreme Court case confirms a divorce automatically converts that same joint tenancy into a tenancy in common between the ex-spouses. See our full breakdown of Montana joint tenancy rules, including the real 120-hour survivorship dispute that cost one family $5,000.
Two valid deed frameworks, side by side
Montana authorized its original beneficiary deed in 2007 — genuinely early nationally — and adopted the newer Uniform Real Property Transfer on Death Act in 2019 without repealing the older law. See our full guide to Montana's beneficiary deed and TOD deed.
Bank accounts and safe deposit boxes follow the signature card
Checking accounts, savings accounts, and even the contents of a jointly titled safe deposit box pass to the survivor according to what the bank's own paperwork says — regardless of what a will provides. See our guide to Montana beneficiary and P.O.D. accounts.
Where this feeds into other Montana calculators
The probate-estate total from this tool is the starting point for Montana's probate cost and executor fee calculators, and for checking Montana's small estate procedures. Montana has no state estate or inheritance tax, so this total doesn't feed into a separate state tax calculation.