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Montana Last Will and Testament

Montana requires 2 witnesses for a will and recognizes holographic wills. Free template with a self-proving affidavit option. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the personal representative who will administer your estate. It can also name a guardian for minor children. In Montana a will must be signed by the testator and signed by at least two witnesses, each of whom signs within a reasonable time after witnessing the testator sign or acknowledge the will, under Mont. Code Ann. Section 72-2-522. An interested witness, meaning one who is also a beneficiary, does not invalidate the will or any provision of it under Section 72-2-525, though using disinterested witnesses avoids any doubt later. Montana also lets a will be made self-proved: the testator and witnesses sign a sworn affidavit before a notary public or other officer authorized to administer oaths, under Section 72-2-524, letting the will be admitted to probate without live witness testimony. The will itself needs witnesses, not a notary; only the optional affidavit needs one. Montana recognizes holographic wills, meaning a handwritten, unwitnessed will is valid if the signature and material portions are in the testator's own handwriting, under Section 72-2-522(2). A testator must be at least 18 and of sound mind under Section 72-2-521. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and names the personal representative who will administer your estate after you die. It can also name a guardian for minor children.

  2. 2

    Montana requires two witnesses. Mont. Code Ann. Section 72-2-522 requires the will to be signed by at least two individuals who witness the testator's signing or acknowledgment. An interested witness, one who is also a beneficiary, does not invalidate the will or any provision of it under Section 72-2-525, though using disinterested witnesses removes any doubt.

  3. 3

    A self-proving affidavit is available. Under Section 72-2-524, the testator and witnesses can sign a sworn affidavit before a notary public or other officer authorized to administer oaths, which lets the will be admitted to probate without locating the witnesses to testify.

  4. 4

    Handwritten wills are recognized. Montana honors a holographic will, valid whether or not witnessed, if the signature and material portions are in the testator's own handwriting, under Section 72-2-522(2).

  5. 5

    The will itself does not need a notary. Two witnesses, not a notary, make a Montana will valid. A notary or other officer authorized to administer oaths is used only for the optional self-proving affidavit.

  6. 6

    You must be 18 and of sound mind. Section 72-2-521 lets an individual 18 years of age or older who is of sound mind make a will.

  7. 7

    A will can be revoked two ways. Under Section 72-2-527, a testator revokes a will by executing a later will that revokes it expressly or by inconsistency, or by a revocatory act such as burning, tearing, canceling, or destroying the will with intent to revoke. Divorce also revokes provisions for a former spouse under Section 72-2-814.

Key decisions before you file

Before you file a Last Will and Testament in Montana, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

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MONTANA LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Montana, being of sound mind and at least 18 years of age, declare this to be my Last Will and Testament, and I revoke all prior wills and codicils I have made.

  2. PERSONAL REPRESENTATIVE APPOINTMENT I appoint [PERSONAL REPRESENTATIVE NAME] of [CITY], Montana, as the Personal Representative of my estate. If that person is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor Personal Representative. My Personal Representative shall have all powers granted to a personal representative under Montana law, including the power to pay debts, taxes, and expenses of administration, and to distribute my estate as directed in this will.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests: describe each item of money, real estate, vehicles, or personal property and identify the beneficiary who receives it by full legal name. Attach additional pages if you need more space, and initial each attached page.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, not otherwise disposed of in this will, to [RESIDUARY BENEFICIARY NAME]. If that beneficiary does not survive me, I give the residue to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION I sign this will on [DATE], in the presence of the two witnesses below, who sign at my request, in my presence, and in the presence of each other, as required by Mont. Code Ann. Section 72-2-522.

[TESTATOR NAME], Testator

WITNESSES We, the undersigned, each being at least 18 years of age, declare that the testator signed this will in our presence, or acknowledged it and the testator's signature to us, and that we now sign as witnesses in the testator's presence and in the presence of each other.

_____________________________ Date: __________ Witness 1 Signature [PRINT NAME, ADDRESS]

_____________________________ Date: __________ Witness 2 Signature [PRINT NAME, ADDRESS]

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Under Mont. Code Ann. Section 72-2-524, this will may be made self-proved. The testator and the two witnesses may sign the affidavit below before a notary public or other officer authorized to administer oaths, which can let a Montana probate court admit the will without locating the witnesses to testify.

State of Montana, County of [COUNTY] We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being sworn, declare that the testator signed this will and that each witness signed as a witness in the testator's presence.

Testator Witness 1

Witness 2

Subscribed and sworn before me on [DATE].

Notary Public / Officer Authorized to Administer Oaths, Montana

Note: This document is governed by Montana Code Annotated Title 72, Chapter 2, Part 5. A Montana will needs two witnesses, not a notary; the notary above applies only to the optional self-proving affidavit. Choose witnesses who are not beneficiaries where possible, since an interested witness does not void the will under Section 72-2-525 but can invite disputes. The testator signing above must be at least 18 years of age and of sound mind under Section 72-2-521. Keep the signed original in a safe place and tell your Personal Representative where to find it. This is a compact Montana skeleton. For the complete, customizable version, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Montana in about a minute, and notarize it online through DocDraft if it does.

Montana Requirements for Last Will and Testament

Sign in the Presence of Two Witnesses

A Montana will must be signed by the testator and signed by at least two individuals, each of whom signs within a reasonable time after witnessing the testator sign the will or acknowledge the will or the signature, under Mont. Code Ann. Section 72-2-522.

Interested Witnesses Do Not Invalidate the Will

The signing of a Montana will by an interested witness, meaning one who is also a beneficiary, does not invalidate the will or any provision of it, under Mont. Code Ann. Section 72-2-525. Using disinterested witnesses is still good practice to avoid disputes.

Consider a Self-Proving Affidavit

A Montana will may be made self-proved. The testator and witnesses sign a sworn affidavit before a notary public or other officer authorized to administer oaths under Mont. Code Ann. Section 72-2-524, letting the will be admitted to probate without locating the witnesses to testify.

Holographic (Handwritten) Wills Are Recognized

Montana recognizes a holographic will as valid whether or not it is witnessed, if the signature and material portions of the document are in the testator's own handwriting, under Mont. Code Ann. Section 72-2-522(2).

No Notary Needed for the Will Itself

A Montana will is validated by two witnesses, not a notary, under Mont. Code Ann. Section 72-2-522. A notary or other officer authorized to administer oaths is required only for the optional self-proving affidavit under Section 72-2-524.

Meet the Minimum Age and Capacity Requirement

A Montana testator must be at least 18 years of age and of sound mind at the time of executing the will, under Mont. Code Ann. Section 72-2-521.

Name a Personal Representative

Montana uses the term personal representative for the person who administers a will. Name a personal representative and a successor in the will so the estate has someone authorized to act if the first choice cannot serve, consistent with Montana Code Annotated Title 72.

Revoke a Prior Will by Writing or Act

Under Mont. Code Ann. Section 72-2-527, a Montana will is revoked by executing a later will that revokes it expressly or by inconsistency, or by a revocatory act, such as burning, tearing, canceling, or destroying the will, done with intent to revoke. Divorce also revokes provisions for a former spouse under Section 72-2-814.

Does your Last Will and Testament need to be notarized in Montana?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Montana requires two witnesses. Mont. Code Ann. Section 72-2-522 requires the will to be signed by at least two individuals, each of whom signs within a reasonable time after witnessing the testator sign the will, or acknowledge the will or the signature. An interested witness, one who also receives a bequest, does not invalidate the will under Section 72-2-525, but choosing disinterested witnesses avoids any question later.

No, a Montana will needs two witnesses, not a notary, to be valid. A notary or other officer authorized to administer oaths comes in only if you choose the optional self-proving affidavit under Section 72-2-524, where the testator and witnesses sign a sworn affidavit that lets the will be admitted to probate without locating the witnesses later.

Yes. Montana recognizes a holographic will as valid whether or not it is witnessed, as long as the signature and the material portions of the document are in the testator's own handwriting, under Mont. Code Ann. Section 72-2-522(2). Testamentary intent can be shown with extrinsic evidence, including parts not in the testator's handwriting.

Write a document naming your personal representative and stating who receives your property, then sign it in front of at least two witnesses who also sign, satisfying Section 72-2-522. You must be at least 18 and of sound mind under Section 72-2-521. Adding a self-proving affidavit under Section 72-2-524 can simplify probate later.

A valid Montana will is in writing, signed by the testator (or by someone else in the testator's presence and at the testator's direction), and signed by at least two witnesses who witnessed the signing or acknowledgment, under Section 72-2-522. The testator must be 18 or older and of sound mind under Section 72-2-521. A qualifying handwritten will can also be valid unwitnessed as a holographic will.

A self-proving affidavit is a sworn statement, signed by the testator and witnesses before a notary public or other officer authorized to administer oaths, under Mont. Code Ann. Section 72-2-524. It lets a Montana probate court admit the will without tracking down the witnesses to testify that the signing was proper.

You must be at least 18 years old and of sound mind to make a will in Montana, under Mont. Code Ann. Section 72-2-521.

Under Mont. Code Ann. Section 72-2-527, you revoke a Montana will by executing a later will that revokes it expressly or by inconsistency, or by a revocatory act, such as burning, tearing, canceling, or destroying the will, done with intent to revoke. Divorce also automatically revokes provisions for a former spouse under Section 72-2-814, so update your will after a divorce.