How to Make a Valid Will in Montana

Who Can Make a Will in Montana?

You must be at least 18 years old to make a will in Montana. Emancipated minors may make a will under Montana's UPC framework. 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

Signing Requirements

Must be in writing on paper. Can be typed, printed, or handwritten. Audio, video, and digital-only formats are not accepted. If you are physically unable to sign, 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. 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

Notarization in Montana

Notarization is not required for a will to be valid in Montana. Not required for validity. Required for a self-proving affidavit

Self-Proving Affidavit

Montana allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. 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)

Handwritten (Holographic) Wills

Montana does recognize holographic wills. 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

Montana does not currently recognize electronic wills. Montana does not currently recognize electronic wills. The will must be in writing on paper

How to Revoke a Will in Montana

In Montana, a will can be revoked by:

• •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

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

Relevant Montana Statutes

• MCA 72-2-521 (Who may make a will)
• MCA 72-2-522 (Execution; witnessed wills; holographic wills)
• MCA 72-2-524 (Self-proved will)
• MCA 72-2-527 (Revocation by writing or by act)
• MCA 72-2-221 (Elective share)