How to Make a Valid Will in Montana
What Montana law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Anyone 18 or older and of sound mind may make a will. A witnessed will must be in writing, signed by the person making it (or by someone else in their conscious presence and at their direction), and signed by at least two people who saw the signing or heard the person acknowledge the… Mont. Code Ann. §§ 72-2-521, 72-2-522(1)
| Requirements for a valid will | Anyone 18 or older and of sound mind may make a will. A witnessed will must be in writing, signed by the person making it (or by someone else in their conscious presence and at their direction), and signed by at least two people who saw the signing or heard the person acknowledge the signature or the will. Age and capacity rule is in § 72-2-521: https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0050/section_0210/0720-0020-0050-0210.html |
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| Handwritten (holographic) wills | Yes. A will that is not properly witnessed is still valid as a holographic will, witnessed or not, if the signature and the material portions of the document are in the testator's handwriting. Source: Mont. Code Ann. § 72-2-522(2) |
| Self-proving affidavit | A will can be made self-proved, either when it is signed or later, by the testator's acknowledgment and the witnesses' affidavits sworn before a notary or other officer authorized to give oaths, using the statutory form. Source: Mont. Code Ann. § 72-2-524 |
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FAQ
What makes a will valid in Montana?
Anyone 18 or older and of sound mind may make a will. A witnessed will must be in writing, signed by the person making it (or by someone else in their conscious presence and at their direction), and signed by at least two people who saw the signing or heard the person acknowledge the signature or the will.
Is a handwritten will valid in Montana?
Yes. A will that is not properly witnessed is still valid as a holographic will, witnessed or not, if the signature and the material portions of the document are in the testator's handwriting.
Does a will need to be notarized in Montana?
A will can be made self-proved, either when it is signed or later, by the testator's acknowledgment and the witnesses' affidavits sworn before a notary or other officer authorized to give oaths, using the statutory form.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.