Last Will and Testament in Montana
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What Montana law says
| 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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| 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 |
| 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) |
Fill it in
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · Montana tenant rights
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.