Will requirements in Montana
Montana adopted the Uniform Probate Code's interested-witness provision word for word, so a beneficiary who signs as a witness keeps their gift in full.
Montana is a Uniform Probate Code state and follows the Code closely on the rule that trips people up most often. Its interested-witness provision tracks the UPC verbatim: a beneficiary who also signs as a witness neither invalidates the will nor loses the gift.
Montana also accepts a notarized will as an alternative to a witnessed one, and it recognises handwritten wills where the signature and material portions are in your own hand. Between those routes there is rarely a good reason for a Montana will to fail on formalities alone.
Who can make a will in Montana
At a glance
18 or older, and of sound mind
Mont. Code Ann. § 72-2-521
Montana requires you to be at least 18 and of sound mind. Capacity is judged at the moment of signing and asks whether you understood the nature of the act, roughly what you owned, and who would naturally expect to inherit from you.
Witness requirements
How many witnesses
Two witnesses; a notarized will is also permitted
Mont. Code Ann. §§ 72-2-522, 72-2-525
No purge — the gift survives
A witness who inherits under the will does not lose the gift
Two witnesses is the standard route, and Montana also permits a will acknowledged before a notary as an alternative. Either produces a valid will.
Montana's interested-witness statute is the Uniform Probate Code provision adopted verbatim: signing as a witness does not invalidate the will, and it does not forfeit the signer's inheritance. That removes the risk of an accidental disaster, but it does not remove the risk of a contest — a beneficiary-witness still hands an opponent an undue-influence argument, so use disinterested witnesses.
Whatever Montana allows, the safe practice is the same everywhere: use two disinterested witnesses who inherit nothing under the will.
Notarization and self-proving affidavits
At a glance
Notarization is not required for validity; a self-proving affidavit is available, and notarized wills are also permitted
A Montana will is valid without a notary. Notarization serves two separate purposes here: it produces the self-proving affidavit attached to a witnessed will, and it can support a notarized will as an execution route in its own right.
The self-proving affidavit is worth the few extra minutes. In a state where your witnesses may be scattered across long distances years later, anything that removes the need to locate a specific person is a real benefit to your executor.
Handwritten (holographic) wills
At a glance
Recognized if the signature and the material portions are in your own handwriting
Mont. Code Ann. § 72-2-522
Montana accepts holographic wills. The entire document need not be handwritten — the signature and the material portions must be in your own hand, which allows a handwritten will containing some printed text.
It is a genuine safety net rather than a plan. A holographic will still has to be proved as yours after your death, and it carries none of the procedural protection a witnessed will with a self-proving affidavit provides.
Small estate procedure
At a glance
Montana offers a small-estate affidavit for personal property below a statutory threshold
Confirm this with the district court in the county where the estate would be administered.
Montana allows personal property to be collected by affidavit where the estate falls below a statutory limit, avoiding full administration.
Confirm the current figure with the district court rather than relying on an aggregated number found online. Thresholds are adjusted over time, and the court will apply the one in force.
Community property or common law
At a glance
Common law (separate property) state
Montana is a common law property state. Ownership follows title rather than being automatically shared between spouses because property was acquired during the marriage.
A surviving spouse has an elective share, so a spouse generally cannot be disinherited by will alone. Where ranch land, water rights, or mineral interests form part of an estate, how those are titled matters as much as what the will says — worth confirming before drafting.
Advance directives and powers of attorney
At a glance
Statutory living will under the Rights of the Terminally Ill Act; Montana follows the Uniform Power of Attorney Act
Montana's living will under the Rights of the Terminally Ill Act lets you record treatment preferences, and you can name someone to make medical decisions when you cannot. These operate while you are alive, which a will never does.
For financial matters Montana has adopted the Uniform Power of Attorney Act, which generally makes the document easier to have honoured by institutions in other states.
Frequently asked about Montana wills
- Can a beneficiary witness my Montana will?
- Yes, without losing the gift. Montana adopted the Uniform Probate Code's interested-witness provision verbatim, so a beneficiary who signs as a witness neither invalidates the will nor forfeits their inheritance. The safer practice is still two disinterested witnesses — the rule protects you against an automatic purge, not against someone arguing that the person who benefits most was standing over you at signing.
- Is a handwritten will valid in Montana?
- Yes. Montana recognises holographic wills where the signature and the material portions are in your own handwriting. The whole document does not need to be handwritten. It is a real fallback, but it must still be proved as yours after death and lacks the self-proving affidavit that makes a witnessed will straightforward to admit to probate.
- Do I need a notary for a Montana will?
- Not for validity — two witnesses are enough, and Montana separately permits a notarized will as an alternative route. What a notary adds to a witnessed will is the self-proving affidavit, which lets the will be admitted without tracking down your witnesses years later. It is optional and worth doing.
- What is the small estate limit in Montana?
- Montana has a small-estate affidavit procedure for personal property below a statutory threshold, but we do not publish the figure here. These limits are adjusted over time and aggregated sources go stale. The district court in the county where the estate would be administered will give you the amount that actually applies today.
This is not legal advice
This page is general information about Montana law, not legal advice, and reading it does not create an attorney-client relationship. Statutes change, courts interpret them differently, and the right answer depends on facts this page cannot know. Legacy Suite is not a law firm — before you sign or rely on anything, consult an attorney licensed in Montana.
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