Wills
Montana Last Will and Testament
start my ESTATE PLAN

Montana Last Will and Testament

By 

Jennifer Mcgee

Head of Legal at TrulyWill

Making your legal Montana last will and testament may sound like a lengthy legal task. You'd probably be thinking about piles of paper on your desk and a lot of work. It may have been the case in the traditional method, but now, you can easily make the last will from the comfort of your home. You need to follow the necessary conditions for making that last will legally enforceable and valid. Keep reading to know how you can make your online last will.

If you live in Montana, here is what you should follow.

Table of contents

1. Requirements for a Montana Last Will and Testament  

2. Who can be your witnesses?

3. Montana rules for a personal representative

4. Montana Last Will and Amendment Notarization

5. Last Will Revocation rules

6. What if you have more than one Montana will?

7. Last Will Amendment rules

8. Montana rules for divorce after making your last will

9. What happens if you don't have a will in Montana?

10.Last Will and Testament Montana Free Template

11. How can TrulyWill help with your online will?

Requirements for a Montana Last Will and Testament 

  • Written will: The last will and testament Montana must be on paper to be legal. Montana doesn't allow audio, video, digital, or electronic wills. Montana also accepts self-written wills.
  • Must be of at least 18 age 
  • Have a sound mind and memory: A Montana last-will testator must fully understand the estate distribution procedure, their estate, and beneficiaries. For their last will and testament to be valid, they must have a sound mind.
  • Signed by the testator: To make it legally enforceable, you must sign your Montana last will and testament before your two witnesses.
  • Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will within a reasonable time.

Who can be your witnesses for a Montana Last Will and Testament? 

Your witnesses for a Montana last will must follow these conditions:

  • Montana allows anyone generally competent to become a witness. 
  • They should be able to testify about what they saw and the will-making process.
  • It's better not to select beneficiaries as witnesses as the will could be challenged.

Montana rules for a personal representative or an executor 

Choosing an executor for your Montana last will would be better than leaving it to uncertainty. However, an executor should fulfill these specific conditions to be eligible for the role:

  1. Must be at least 18 or above
  2. Capable of performing the job, i.e., of a sound mind.
  3. Montana doesn't restrict people convicted of a felony from being executors.
  4. Montana allows you to choose someone out of state as your executor.

Last will and Testament Notarization in Montana 

There's no need to notarize your Montana last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.

Montana Last Will Revocation 

You could follow any of the following methods to revoke a Montana last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding.
  • Making a new legal will that revokes any part or the entire previous will.
  • Asking someone else to destroy the will.

What if you have more than one Montana will?

If it's not clear whether your new Montana will revoke the old one, the state will follow these rules:

  • It'll replace the old will if the new one has varying or contradictory terms to your previous Montana will.
  • The probate court assumes you wanted to revoke the previous will if the new one disposes of your entire estate.
  • If the new will doesn't dispose of the entire estate, it would be treated as a supplement to the old Montana will.

Montana Last Will Amendment Rules 

If you wish to make some minor and simple changes to your Montana last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Montana rules for divorce after making your last will

  • Montana law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the provisions will stand if you state otherwise in your Montana will or remarry your ex.
  • The same provisions apply to any relatives of your ex-spouse in the will.

What happens if you don't have a will in Montana?

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children, no parents 

Spouse inherits everything 

Has parents, no children, no spouse 

Parents inherit everything 

Has siblings, no parents, no children, no spouse 

Siblings inherit everything 

Has a spouse and children (Children you share with that spouse)


The spouse has no other children 

Spouse inherits everything 

Has a spouse and children 

(Children you share with that spouse)


The spouse has children from another relationship 

Spouse inherits the first $150,000 of your estate and one-half of the balance 


Children inherit the balance 

Has a spouse and children 

(Children you share with someone else)

Spouse inherits the first $100,000 of your estate and one-half of the balance 


Children inherit the balance 

Has a spouse and parents 

Spouse inherits the first $200,000 of your estate and three-fourths of the balance 


Parents inherit the balance 

Last Will and Testament Montana Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Montana free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Montana last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. Here are some instances where it would be prudent to consult one of our attorneys before finalizing your will:

  • You have a high net worth and considerable assets. 
  • You have complicated family and personal relationships, affecting who would inherit the estate. 
  • You have multiple financial obligations and other matters that are still open and would be the beneficiary's responsibility.
  • You are not sure that the simple last will and testament template fulfills all your requirements for a will.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Montana last will and testament. 

How can TrulyWill help with an online Will and Testament? 

TrulyWill is the perfect option to create a hassle-free online last will. You could go to the platform from your home's comfort and make your online will and testament. Online wills are a straightforward process; you should opt for them rather than spend hours in a lawyer's office. Furthermore, the process is pretty simple; you just add details, review for mistakes, read the guidelines, and download. That's it!

What else can TrulyWill do?

TrulyWill helps fulfill your varying needs for a will. You can opt for a simple last will and testament online or seek professional help. We offer everything from one-on-one legal support to solve your will issues.

Furthermore, you could opt for a trust-based plan depending on what suits you better. TrulyWill can help you figure out the process and help avoid substantial legal fees. So, you should go to the platform and get your online will in just a few minutes.

Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

Book a free session
Confused about what’s best for you?
Thinking if you even need this right now?
Take the quiz
Thinking of creating a will to secure your loved ones?
Start your estate plan online
  • Resume anytime
  • Done from your home
  • Expert support when you need it
Can my last will and testament be oral?
Only a few states consider an oral will legal only if it follows the rules. You would have to fulfill some criteria the state sets to be eligible to make an oral will. However, you shouldn't risk this to chance and create a solid, legal will on paper.
What would happen to my estate if I had no immediate family?
If you create a will before you pass away, your estate will go to the beneficiaries you've mentioned. However, if you die without a will, it could go to your extended family or even the state if there are no relatives.
What would it cost me to make a will?
Depending on your location and estate, the cost varies between $500 to $1000 if you hire a lawyer. However, you can use the TrulyWill platform to create a legal and valid will at a fraction of this price.
What does a personal representative/executor do?
The executor of your will would be responsible for managing and settling your estate distribution after you pass away. It's always better to name a trusted adult as your personal representative.
Do I need to have a certain amount of money to make a will?
No, there's no minimum limit of money you need to have to make your last will. It would dispose of any assets you leave to the beneficiaries.
Back to top