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What Is the Statute of Limitations for Wrongful Death in Montana?

In Montana, the statute of limitations for wrongful death is generally 3 years under Mont. Code Ann. § 27-2-204(2).

3 YEARS
Wrongful Death · Montana
✓ Verified Checked Sep 2026

Wrongful death Deadlines in Montana

How long do you have to file a wrongful death claim in Montana?

In Montana, the statute of limitations for wrongful death is generally 3 years under Mont. Code Ann. § 27-2-204(2).

When does the clock start for wrongful death in Montana?

Three years.

Can the Montana deadline for wrongful death be extended?

Subject to the same pending-amendment caution as subsection (1). A death from medical negligence runs on the shorter § 27-2-205 clock instead. MONTANA CAUTION: the official MCA page shows a new version of this section "(Effective October 1, 2026)" from 2025 legislation. Re-check this row once that version takes effect.

Is the deadline different if the claim is against the government in Montana?

Often, yes. Separate limits for local government claims under Mont. Code Ann. §§ 27-2-209, 2-9-301. MCA § 27-2-209 sets its own periods for actions against a local government or local government official, separate from the general tort rules. Claims against the State must be presented to the Department of Administration under § 2-9-301 before suit. Not confi…

How does Montana compare to other states for wrongful death?

Montana's 3 years is among the longest in the country. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →

What Does Wrongful Death Cover?

Situations that typically fall under the wrongful death deadline in Montana:

01 Fatal vehicle or workplace accidents
02 Death from medical negligence
03 Death caused by a defective product
04 Death from criminal or intentional acts
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Other Filing Deadlines in Montana

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed Montana attorney can tell you the deadline that applies to your situation.
See every filing deadline in Montana, or compare wrongful death across all states.
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