How to Write a Will in Montana (2026 Guide)

This is general legal information for Montana, not legal advice. Will laws change, and specific situations can have exceptions. For any complex case, consult a licensed attorney in Montana.

Why Having a Will Matters

A will is the simplest, clearest way to say what happens to your property, your minor children, and your affairs after you die. Without one, you die "intestate" and Montana’s default inheritance rules (called intestate succession) take over. Those rules are rigid and generic — they do not know your relationships, your intentions, or the people you care about most. They follow a fixed formula.

The cost of skipping a will is not hypothetical. It plays out the same way in Montana as everywhere else: unmarried partners locked out, stepchildren with nothing, pets in shelters, court-appointed administrators, family disputes over items and money, and a probate process that is slower, messier, and more expensive than it needed to be. Whatever you own — even if you think it’s "not much" — someone will have to deal with it after you’re gone. A will decides whether that someone is you or a judge.

A simple Montana will takes about ten minutes to draft using a free tool and costs nothing. You can start drafting yours now. The rest of this guide walks you through what makes a will legally valid in Montana and how to avoid the technical mistakes that most commonly cause wills to be thrown out.

Montana Will Requirements at a Glance

• Minimum age: 18 years old (Emancipated minors may make a will under Montana's UPC framework)
• Written form: Must be in writing on paper. Can be typed, printed, or handwritten. Audio, video, and digital-only formats are not accepted
• Witnesses required: 2
• Notarization: Not required for a standard signed will
• Self-proving affidavit: Yes — recommended, it speeds up probate later
• Holographic (handwritten) wills: Yes
• Electronic wills: No

Testamentary Capacity

The testator must be of sound mind: understand the nature and extent of their property, the natural objects of their bounty, and the testamentary act

Signature Requirements in Montana

You must personally sign the will. Montana does allow proxy signing in specific cases: Another individual may sign in the testator's conscious presence and by the testator's direction

Witness Requirements in Montana

Montana requires 2 witnesses. Generally competent individuals. Interested witnesses do not invalidate the will under Montana's UPC framework

Presence rules: Each witness must sign within a reasonable time after witnessing either the signing of the will or the testator's acknowledgment of the signature or the will

Interested witnesses: The will is not invalidated by the signature of an interested witness

The safest approach in every state, including Montana, is to use witnesses who are adults, not beneficiaries under the will, and not the person you’ve named as executor. This avoids any question about whether a witness’s inheritance could be "purged" for being an interested party.

Notarization and Self-Proving Affidavits

Montana does not require a will to be notarized to be valid. A signed and witnessed will is enough. Not required for validity. Required for a self-proving affidavit

Montana does allow a self-proving affidavit, which is a short notarized document attached to the will where you and your witnesses swear under oath that everything was signed properly. It is optional, but it is strongly recommended — a self-proving affidavit means the probate court can admit the will without having to contact your witnesses later. The testator and witnesses must sign an affidavit before an officer authorized to administer oaths, evidenced by the officer's certificate under official seal. Can be done simultaneously with execution or at any later time (MCA 72-2-524)

Holographic, Electronic, and Oral Wills in Montana

Holographic (handwritten) wills: Recognized in Montana. Valid whether or not witnessed if the signature and material portions of the document are in the testator's handwriting. Intent may be established by extrinsic evidence, including non-handwritten portions (MCA 72-2-522)

Electronic wills: Not currently recognized in Montana. Stick with a printed, physically signed will.

Nuncupative (oral) wills: Not recognized in Montana.

How to Revoke or Update a Montana Will

If you already have a will and want to change it, Montana recognizes these revocation methods: Executing a subsequent will that revokes the previous will expressly or by inconsistency, Performing a revocatory act on the will (burning, tearing, canceling, obliterating, or destroying), Another individual may perform the act in the testator's conscious presence and by the testator's direction. MCA 72-2-527. If a new will disposes of all the estate, Montana presumes the testator intended to replace the old will entirely. If it does not, the presumption is it supplements the old one

The cleanest approach is to draft a new will that starts with the sentence "I revoke all previous wills and codicils," then sign it with the proper witnesses. Destroy old copies when you do. Small updates can technically be done by codicil (a formal amendment), but a fresh will is usually easier to read and harder to contest.

Special Provisions in Montana

Montana is a separate property state. Provides an elective share for the surviving spouse under MCA 72-2-221 et seq., following the UPC augmented estate approach. Montana adopted the Uniform Disposition of Community Property Rights at Death Act for couples moving from community property states

Step-by-Step: Writing a Valid Montana Will

1. Take inventory. Bank accounts, vehicles, property, valuables, digital assets, pets.
2. Decide who gets what. Be specific for items that matter (names, addresses, account identifiers). Use a residuary clause ("everything else goes to...") to catch anything you forget.
3. Name an executor. The person who handles your estate. Pick someone trustworthy, organized, and likely to outlive you. Name a backup too.
4. Name a guardian for minor children if you have kids under 18. This is the single most important reason for a will if you’re a parent.
5. Draft the document. Our free drafting tool generates a Montana-specific will in about 10 minutes, with all the correct clauses in the correct order.
6. Print the will. Don’t rely on a digital copy for signing.
7. Sign in front of 2 adult witnesses who are not named as beneficiaries. You all need to be in the same room at the same time. You sign first, they sign while watching.
8. Sign the self-proving affidavit in front of a notary. This is optional but speeds up probate later.
9. Store it somewhere findable. A fireproof home safe is the standard choice. Tell your executor where it is.
10. Review every few years and after major life events (marriage, divorce, new child, moving out of Montana, major asset changes).

Common Montana Will Mistakes to Avoid

• Wrong number of witnesses. Montana requires 2. More is fine; fewer invalidates the will.
• Using a beneficiary as a witness. Can cause the beneficiary’s share to be "purged" (forfeited).
• Not signing in the witnesses’ presence. The signing has to happen as a ceremony, with everyone in the same room.
• Forgetting a residuary clause. Without it, anything you didn’t specifically mention falls into intestate succession.
• Storing the will where nobody can find it. An unfindable will is the same as no will.
• Not updating after major life events. An ex-spouse named in an old will can still inherit in some situations.

Need to Check Details?

You can also read the full Montana will requirements and the Montana estate planning guide for background on intestate succession, probate, and related topics.

Start Your Montana Will Now

The easiest way to get a valid Montana will done today is our free drafting tool. It walks you through the questions, generates a Montana-specific document with the correct clauses, and gives you signing instructions tailored to Montana’s requirements. No account, no cost, nothing stored on our servers. You’ll have a draft ready in about ten minutes.

Whatever you decide, decide. A simple will is one of the most meaningful things you can leave the people you love — and it’s one of the easiest things to put off until it’s too late.