Wrongful Death Statute of Limitations in Montana
Last verified 2026-07 · Source: Mont. Code Ann. § 27-2-204(2); § 27-1-513 ✓ verified · 3 sources
The deadline
3 years
from Date of death, under Mont. Code Ann. § 27-2-204(2); § 27-1-513.
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If you're researching wrongful death claims in Montana, the single most important number is 3 years. That's how long Mont. Code Ann. § 27-2-204(2); § 27-1-513 gives you to file a wrongful death lawsuit, counted from Date of death. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Montana Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 3 years | Mont. Code Ann. § 27-2-204(2); § 27-1-513 |
| Car Accident | 3 yrs | Mont. Code Ann. § 27-2-204(1) |
| Credit Card Debt | 5 yrs | Mont. Code Ann. § 27-2-202(2) |
| Medical Malpractice | 2 yrs | Mont. Code Ann. § 27-2-205 |
| Personal Injury | 3 yrs | Mont. Code Ann. § 27-2-204(1) |
| Dog Bite | 3 yrs | Mont. Code Ann. § 27-2-204 |
| Slip and Fall | 3 yrs | Mont. Code Ann. § 27-2-204(1) |
| Defamation | 2 yrs | Mont. Code Ann. § 27-2-204(3) |
| Breach of Contract | 8 yrs | Mont. Code Ann. § 27-2-202(1) |
| Medical Debt | 5 yrs | Mont. Code Ann. § 27-2-202(2) |
When the Clock Starts
In Montana, the limitations period for wrongful death claims generally begins on Date of death. Montana does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Damage caps: No statutory cap on wrongful death damages stated in § 27-1-513 or § 27-2-204; Montana does not impose general caps on personal injury or wrongful death recovery
Personal representative of the deceased's estate must file the lawsuit; family members may not file directly. General SOL is 3 years from date of death. Homicide-related wrongful death extends to 10 years from the date of death.
Source: Mont. Code Ann. § 27-2-204(2); § 27-1-513, official Montana statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Montana government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Montana Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Montana | 3 years | Mont. Code Ann. § 27-2-204(2); § 27-1-513 |
| North Dakota | 2 yrs | N.D. Cent. Code § 32-21-02 |
| South Dakota | 3 yrs | SDCL § 21-5-3 |
| Wyoming | 2 yrs | Wyo. Stat. § 1-38-102 |
| Idaho | 2 yrs | Idaho Code § 5-219(4) |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Montana?
You have 3 years from Date of death, under Mont. Code Ann. § 27-2-204(2); § 27-1-513.
Can I still sue after 3 years in Montana?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
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Sources
- Official Montana Code Annotated § 27-2-204 – Limitation for Wrongful Death or Injury to Person
- Corroborating Wrongful Death Lawsuits in Montana – Nolo
- Corroborating Montana Civil Statute of Limitations Laws – FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Montana attorney.