To make a valid will in Montana you must be 18 or more years of age and of sound mind, sign a written document, and have it witnessed by two people who also sign. Montana law does recognize a handwritten will without witnesses, and you can add a self-proving affidavit to make probate faster.
Key Takeaways
- Montana requires a written will, signed by the testator and witnessed by two people, under Montana Code Annotated section 72-2-522.
- You must be 18 or more years of age and of sound mind under Montana Code Annotated section 72-2-521.
- Montana permits a fully handwritten will without witnesses.
- A self-proving affidavit under Montana Code Annotated section 72-2-524 lets your will skip witness testimony during probate.
What Does Montana Law Require for a Valid Will?
Under Montana Code Annotated section 72-2-521, you must be 18 or more years of age and of sound mind to make a will in Montana. Capacity means you understand that you are making a will, roughly what you own, and who your natural heirs would be if you had no will at all.
Beyond capacity, Montana Code Annotated section 72-2-522 sets the execution requirements: the will must be in writing, signed by you or by someone else in your presence and at your direction, and signed by at least two witnesses who saw you sign or heard you acknowledge the will.
How Do You Sign and Witness a Will in Montana?
You sign the will first, then your two witnesses sign it. The witnesses do not necessarily need to watch each other sign, but each one needs to have personally seen you sign or heard you acknowledge the document as your will. Pick witnesses who are adults, are not named as beneficiaries, and are likely to still be reachable years later if a probate court ever needs to confirm the signing.
Witnesses do not need to be notaries and do not need to read the will, only to see you sign it or hear you acknowledge it as yours. Avoid using anyone who is set to inherit under the will, since an interested witness can create a fight later even where the law does not automatically strip the gift.
Steps to Make a Will in Montana
- List your assets, debts, and the people or organizations you want to inherit them.
- Choose a personal representative (executor) and at least one backup.
- If you have minor children, name a guardian and a backup guardian.
- Draft the will in writing, either with a guided platform like FastWill or with an attorney.
- Sign the will in the physical presence of two adult witnesses.
- Have both witnesses sign the will themselves, ideally in the same sitting.
- Consider adding a self-proving affidavit in front of a notary so the will does not require witness testimony later.
- Store the signed original somewhere safe and tell your personal representative where to find it.
Does Montana Recognize Handwritten (Holographic) Wills?
Yes. A will that does not meet the standard witnessed-will requirements is still valid in Montana as a holographic will if the signature and material provisions, meaning who inherits and who is in charge, are in your own handwriting. It does not need to be witnessed, though an unwitnessed document is easier to contest.
Should You Use a Self-Proving Affidavit?
Under Montana Code Annotated section 72-2-524, you and your witnesses can sign a sworn affidavit before a notary, either at the same time you sign the will or any time afterward. A self-proved will can be admitted to probate without tracking down your witnesses to testify that the signatures are genuine, which saves your family time and closes off one common avenue for a will contest.
A common mistake is naming a beneficiary as one of your two witnesses, which can complicate their own inheritance even though it usually does not void the will outright. Another is forgetting to name a backup executor and a backup guardian, which forces a court to pick someone for you if your first choice cannot serve. Reviewing your draft against the statute's plain requirements before you sign is the simplest way to avoid both problems.
DIY Will or Lawyer in Montana?
A DIY will works for most straightforward estates: a home, some savings, a spouse or children, and clear wishes about who gets what. Building your own will through a guided platform costs far less than hiring an attorney and still meets Montana's signature and witness rules when you follow the instructions closely. You should talk to a Montana estate planning attorney if you own a business, have a blended family with competing claims, expect a contest, or have a beneficiary with special needs who could lose government benefits from an outright inheritance.
A will is one piece of a full plan. Most Montana residents also need a financial power of attorney and should work from a broader Montana estate planning checklist. Our Montana estate planning overview covers how a will fits with the rest of your estate plan, and our national guide on how to write your own will walks through the reasoning behind these rules.
How Do You Update or Revoke a Will in Montana?
You can revoke a Montana will by executing a new will that states it revokes prior wills, by physically destroying the will with the intent to revoke it, such as tearing or burning it, or through a written revocation executed with the same formalities as a will. Marriage, divorce, the birth of a child, moving out of state, or a falling out with a beneficiary are all common reasons to review and update your will rather than assume it still reflects your wishes. Buying property, moving to a new state, a divorce, remarriage, the birth or adoption of a child, or a falling out with a beneficiary are all common reasons to pull your will back out and update it rather than assume the version you signed years ago still matches what you want.
If you want to keep your family out of probate court altogether rather than just have a valid will, our Montana living trust guide walks through that alternative.
Related Montana estate planning resources
- Montana estate planning guide
- what happens if you die without a will in Montana
- setting up a living trust in Montana
- making a power of attorney in Montana
- how to write your own will
Once you know your state's rules, you can create your will with FastWill and get it done correctly the first time.
Frequently Asked Questions
Do I need a lawyer to make a will in Montana?
No. Montana law does not require an attorney to draft or witness a will. You need to meet the age, capacity, signature, and witness requirements above, which a guided will builder is designed to satisfy.
Can I write my own will by hand in Montana?
Yes, as a holographic will, as long as the signature and material provisions are in your own handwriting.
How many witnesses does a Montana will need?
Two. Both must be present when you sign or acknowledge the will, and both must sign the document themselves.
Does a Montana will need to be notarized?
No, notarization is not required to make the will itself valid. A notary is only needed if you choose to add a self-proving affidavit.
What happens if I die without a will in Montana?
Your estate passes under Montana's intestacy rules, which decide who inherits based on your surviving spouse, children, and other relatives rather than your own wishes. See our guide on what happens if you die without a will in Montana for the full breakdown.
Ready to put a valid will in place instead of leaving it to Montana's default rules? FastWill's will package walks you through every requirement above.
