Montana Supreme Court

Estate of E. Zugg

April 22, 2025421 Mont. 368

Summary

The Montana Supreme Court affirmed the district court’s denial of Donna Katherine Finley’s petition to open intestacy proceedings and to be appointed personal representative, holding that she failed to establish a common‑law marriage with the decedent. The Court reasoned that the parties never cohabited in Montana, a requisite element, and that relocation alone does not create a valid marriage absent such cohabitation.