## How the limitation period applies

The controlling primary authority for US-MT wrongful death SOL (Mont. Code Ann. § 27-2-204(2)) is **Mont. Code Ann. § 27-2-204(2)**.

> **Mont. Code Ann. § 27-2-204(2).** 2-204 . (Temporary) Tort actions -- general and personal injury. (1) Except as provided in 27-2-216 , the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years. (2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years. (3) The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years. 27-2-204 . (Effective October 1, 2026) To

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## Sources

- [Mont. Code Ann. § 27-2-204(2) — Mont. Code Ann. § 27-2-204(2)](https://mca.legmt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0040/0270-0020-0020-0040.html)

All sources are official primary law published by `mca.legmt.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


Statute of Limitations for Wrongful Death in Montana.

Statute of Limitations for Wrongful Death in Montana

The period prescribed for the commencement of an action on a contract, account, or promise not founded on an instrument in writing is within 5 years.

The period prescribed for the commencement of an action on any contract, covenant, obligation, or liability founded on an instrument in writing is within 6 years.

The period prescribed for the commencement of an action for relief on the ground of fraud or mistake is within 2 years, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

An action against an attorney licensed to practice law in Montana or a paralegal assistant or a legal intern employed by an attorney based upon the person's alleged professional negligent act or for error or omission in the person's practice must be commenced within 3 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the act, error, or omission, whichever occurs last, but in no case may the action be commenced after 10 years from the date of the act, error, or omission.

(3) The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years.

Action in tort or contract for injury or death against a physician or surgeon, physician assistant, dentist, dental hygienist, registered nurse, advanced practice registered nurse, nursing home or hospital administrator, dispensing optician, optometrist, licensed physical therapist, podiatrist, psychologist, osteopath, chiropractor, clinical laboratory bioanalyst, clinical laboratory technologist, pharmacist, veterinarian, a licensed hospital or long-term care facility, or licensed medical professional corporation, based upon alleged professional negligence or for rendering professional services without consent or for an act, error, or omission, must, except as provided in subsections (2) and (3), be commenced within 2 years after the date of injury or within 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs last, but in no case may an action be commenced after 5 years from the date of injury.

(1) Except as provided in 27-2-216 , the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years. (2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years. (3) The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years.

Except as provided in 27-2-216 and 27-2-219, the period prescribed for the commencement of an action on a liability not founded on an instrument in writing is within 3 years.

27-2-207. Injuries involving property. Within 2 years is the period prescribed for the commencement of an action for: (1) injury to or waste or trespass on real or personal property; (2) taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property; (3) killing or injuring stock by a railroad corporation or company.

An action for breach of any contract for sale must be commenced within 4 years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than 1 year but may not extend it.

The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years.

(2) The period prescribed for the commencement of an action on a contract, account, or promise not founded on an instrument in writing is within 5 years.

(1) Except as provided in 27-2-216 , the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years.

(3) The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years. 27-2-204 . (Effective October 1, 2026) Tort actions -- general and personal injury. (1) Except as provided in 27-2-216 and 27-2-219 , the period prescribed for the commencement of an action on a liability not founded on an instrument in writing is within 3 years. (2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years. (3) The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years.

Except as provided in 27-2-216 , the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years.

Within 2 years is the period prescribed for the commencement of an action for: (1) injury to or waste or trespass on real or personal property; (2) taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property; (3) killing or injuring stock by a railroad corporation or company.

The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years.

(3) The period prescribed for the commencement of an action on an obligation or liability, other than a contract, account, or promise, not founded on an instrument in writing is within 3 years.

(1) An employee may recover all wages and penalties provided for the violation of 39-3-206 by filing a complaint within 180 days of default or delay in the payment of wages. (2) Except as provided in subsection (3), an employee may recover wages and penalties for a period of 2 years prior to the date on which the claim is filed if the employee is still employed by the employer or for a period of 2 years prior to the date of the employee's last date of employment. (3) If an employer has engaged in repeated violations, an employee may recover wages and penalties for a period of 3 years from the date on which a claim is filed if the employee is still employed by the employer or for a period of 3 years prior to the date of the employee's last date of employment.

(3) The period of limitation does not begin on any claim or cause of action for an injury to person or property until the facts constituting the claim have been discovered or, in the exercise of due diligence, should have been discovered by the injured party if: (a) the facts constituting the claim are by their nature concealed or self-concealing; or (b) before, during, or after the act causing the injury, the defendant has taken action which prevents the injured party from discovering the injury or its cause.

Under Mont. Code Ann. § 27-2-204(1), an action upon a liability not founded on an instrument in writing (including PI, negligence) must be commenced within 3 years. Wrongful death under (2) is 3yr (10yr if homicide). Intentional torts (libel/slander/assault/battery/false-imprisonment/seduction) under (3) are 2yr. Controls general PI, premises liability, product liability, slip-and-fall, dog bite in Montana.

Under Mont. Code Ann. § 27-2-204(1), an action upon a liability not founded upon an instrument in writing must be commenced within 3 years. IIED and NIED are personal injury torts governed by this general catchall. They are not enumerated in the 2-year list of § 27-2-204(3), which covers only libel, slander, assault, battery, false imprisonment, and seduction.

Statute of limitations for personal injury in US-MT is 3 years under Mont. Code Ann. § 27-2-204(1).

Statute of limitations for wrongful death in US-MT is 3 years under Mont. Code Ann. § 27-2-204(2).

Statute of limitations for medical malpractice in US-MT is 2 years under Mont. Code Ann. § 27-2-205(1).

Statute of limitations for legal malpractice in US-MT is 3 years under Mont. Code Ann. § 27-2-206.

Statute of limitations for product liability in US-MT is 3 years under Mont. Code Ann. § 27-2-204(1).

Statute of limitations for premises liability in US-MT is 3 years under Mont. Code Ann. § 27-2-204(1).

Statute of limitations for breach written contract in US-MT is 6 years under Mont. Code Ann. § 27-2-202(1).

Statute of limitations for breach oral contract in US-MT is 5 years under Mont. Code Ann. § 27-2-202(2).

Statute of limitations for ucc sale of goods in US-MT is 4 years under Mont. Code Ann. § 30-2-725(1).

Statute of limitations for fraud in US-MT is 2 years under Mont. Code Ann. § 27-2-203.

Statute of limitations for libel in US-MT is 2 years under Mont. Code Ann. § 27-2-204(3).

Statute of limitations for slander in US-MT is 2 years under Mont. Code Ann. § 27-2-204(3).

Statute of limitations for property damage in US-MT is 2 years under Mont. Code Ann. § 27-2-207(1).

Statute of limitations for trespass in US-MT is 2 years under Mont. Code Ann. § 27-2-207(1).

Montana Code Annotated § 27-2-202(1) establishes a 6-year statute of limitations for actions on written contracts, including promissory notes.

Under Montana's Wage Protection Act an employee may recover wages and penalties for a period of two years prior to the date the claim is filed, under Mont. Code Ann. § 39-3-207(2).

Mont. Code Ann. § 27-2-401(1) tolls the SOL for minors (and persons committed under 53-21-127): the period of disability is excluded from the running of the statute of limitations.

Legal Data Hunter MCP (US/MT-Legislation, source_id 27-2-401, date 2026-04-19) confirms § 27-2-401(1): minority tolls the limitation period; the time of disability is excluded from the SOL.

Mont. Code Ann. § 27-2-402 tolls the SOL when the defendant is absent from the state and cannot be served: the period of absence is excluded from the limitation period.

Legal Data Hunter MCP (US/MT-Legislation, source_id 27-2-402, date 2026-04-19) confirms § 27-2-402: defendant's out-of-state absence tolls the limitation period.

Mont. Code Ann. § 27-2-102(3) codifies Montana's discovery rule for injury claims: the period does not begin until facts are discovered (or should have been discovered) when they are self-concealing (subsection (a)) or the defendant took action preventing discovery (subsection (b)). Subsection (b) is the statutory basis for defendant_concealment tolling. Does not apply to medical malpractice (§ 27-2-205) per subsection (4).

Legal Data Hunter MCP (US/MT-Legislation, source_id 27-2-102, date 2026-04-19) confirms § 27-2-102(3): statutory discovery rule and defendant concealment tolling for injury/property claims; excludes medical malpractice per subsection (4).

The period prescribed for the commencement of an action upon a judgment or decree of any court of record of the United States or of any state within the United States is within 10 years.

When the cause of action accrues against a person who is out of the state and cannot be served with process, the action may be commenced within the term limited under this part after the person's return to the state. If, after the cause of action accrues, the person departs from the state and cannot be served with process, the time of the person's absence is not part of the time limited for the commencement of the action.

(1) If a person entitled to bring an action mentioned in part 2, except 27-2-211(3), is, at the time the cause of action accrues, either a minor or has been committed pursuant to 53-21-127, the time of the disability is not a part of the time limit for commencing the action. However, the time limit cannot be extended more than 5 years by the disability of commitment.

How the limitation period applies

Montana — Statute of Limitations

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