Montana Last Will and Testament Free Template 2023

Montana Last Will and Testament Free Template 2023


Jennifer Mcgee


Updated on  

March 17, 2023

9 Mins


A Montana Last Will and Testament is a legal document that allows a person to distribute their estate—which includes their possessions, real estate, money, and other assets. Only upon the passing of the testator (the person who drafted the Will) , this document will come into operation.

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Once you have downloaded this DIY Last Will and Testament template for Montana; 

  1. Fill it out and validate your will as per your state laws.
  2. If it feels overwhelming you can try TrulyWill, where you can do it yourself with the help of guide questions and support to answer your queries. You can also book an attorney if you need specific legal advice for a nominal fee. 
  3. Use the platform to come back and update your will as per your convenience. 

This template will help you to create a Will with a simple estate plan. If you have a high net worth or any other complex issues in your personal or financial life; you should discuss it with one of our attorneys to avoid your Will from being rejected by the probate court at a later stage.

In addition to this, below, you can find all the relevant information about the legal requirements for making a valid last Will in Montana along with the frequently asked questions.

Testator’s requirements:

In Montana, any person who is 18 years of age or more and is of sound mind may make a Will.

Sound mind- A person is said to be of sound mind if he is capable of knowing the nature of the act he is involved in and is able to distinguish between right and wrong. In simple words, you must be aware that you own some property for which you are creating a Will, and to whom you are making the beneficiaries.  

Signature Requirements in Will:

Every Will must be signed by the Testator and at least 2 witnesses. These 2 witnesses should be disinterested witnesses and they must sign the Will in the presence of the testator and in the presence of each other.

Note - There are various exceptions and special rules but these are the standard requirements for Montana Wills. 

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Montana Last Will and Testament Free Template 2023

Stepwise procedure on what to include in the Last Will and Testament for Montana.

STEP 1: List your Assets.

Firstly, make a list of everything you own, from tangible to Intangible assets. This may include your personal property, real estate, bank accounts, jewelry, and life insurance policies.

This will help you understand which asset will be transferred through your Will or other modes.



I devise to _________________________ all tangible personal property that I own at the time of my death, including all furniture, clothing, jewelry, household items, equipment, appliances, vehicles, and other tangible personal property that is not otherwise specifically bequeathed under this clause or pursuant to Item III hereunder. If I fail to do so, this gift will lapse.  Cash, coins, or other forms of currency are considered intangible personal property for purposes of this clause.


STEP 2: Choose Beneficiaries.

The beneficiary is the person or legal entity (trust or organization) on whose behalf you bequeath your property. Your family, friends, relatives or anyone you want can be beneficiaries under your Will.

You also have the right to disinherit any relative, child or spouse from your Will whenever you want. It is advised to take legal help for this purpose.



I declare that I am not married. I have no living children or other descendants / I have two (2) children. My children are Child 1, born December 1, 2000 and Child 2, born February 2, 2015.

It is not for lack of love and affection that I specifically intentionally and with full knowledge exclude Child 1 from this Will. This disclosure is intentional and was not made by inadvertence or mistake.


STEP 3: Choose an Executive/Personal representative.

Always choose a person who is trustworthy, credible and responsible as your personal representative as he/she has a lot of authority over your assets after your death. 

These include: 

  • Paying your debts.
  • Paying funeral expenses.
  • Distribution of assets among beneficiaries.
  • Appointing attorneys to assist in probate.

I hereby nominate, constitute and appoint ______________________ as Personal Representative of this my Last Will and Testament. If __________________ shall fail to survive me, then I hereby nominate, constitute and appoint ______________________ as Personal Representative of this my Last Will and Testament.

    I direct that no Personal Representative or any successor or substitute Personal Representative, whether named herein or otherwise designated or appointed, shall be required to give any bond or security for the faithful performance of the duties as such Personal Representative.

    If my Personal Representative shall, in good faith, decide that there is uncertainty as to the inclusion of particular property in my gross estate for federal estate tax purposes, my Personal Representative shall exclude such property from my gross estate tax return.  

STEP 4: Choose a Guardian for your minor children.

You can name a person who will look after the minor children after the death of the testator. This includes food, shelter, education and medical care. Guardianship of a minor terminates when the minor attains the age of 18 years. 



I designate [name of guardian] as the guardian of each of my minor children. I appoint [name of successor guardian] as replacement Guardian in the event that [name of guardian] is unable to serve or ceases to do so for any reason.

STEP 5: Signature of Testator and Witnesses.

After writing everything in your Will, you need to sign it along with 2 witnesses. These witnesses are also required to sign your Will to make it a valid one. 


          This instrument, consisting of four (4) pages was signed, sealed, declared, published and acknowledged by ………………… as his Last Will and Testament, in the presence of us, the undersigned, who, at his special instance and request, do attest as witnesses, after said testator had signed his name thereto, in his presence and in the presence of each other, this ____ day of ______________________, 2021.



                             Witness:                                                Residing at:    


The foregoing instrument was sworn to, subscribed and acknowledged before me this ___ day of _________________________, by………………., the testator, Witness 1, and Witness 2, the witnesses, (    ) who are all personally known to me or (   ) who have produced ____________________ (____________ Driver License) as identification.


  Notary Public, State of 

STEP 6: Store your Will in a safe place.

Once you have completed all the necessary steps to create a will, you must store it safely to prevent loss or theft. It is recommended that you distribute copies of your Will to each beneficiary and executor so that they are all aware that you have made a Will. If you pass away unexpectedly and nobody knows about it, it would be challenging to locate your Will. Additionally, it's possible that they won't ever learn that you have a Will as well. It is crucial that you share this information with your beneficiaries and heirs.

You can also use TrulyWill’s platform to store your Wills and review it anytime, anywhere.

STEP 7: Review your Will periodically

Making a Will is not enough if you have not updated it after any major event that has happened in your Life. Events like marriage, divorce, births and deaths are likely to affect the decisions made previously in the Wills so it is important to update it accordingly to avoid any future stress to you and your family members.

Know more about Last Will and Testament requirements in Montana.

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Frequently Asked Questions

Do you need to notarize your Will in Montana?

No. It is not mandatory to notarize a Will in Montana. But a Will “self-proved” with proper notarization does not need the testimony of witnesses at the time of admitting the Will in Court if there is a question regarding the validity of the Will in the Probate Court.

Do I need an attorney to make a Will in Montana?

No. You don't need an attorney to make a Will. With TrulyWill, you can create a Will online, which is comprehensive, state-specific and legally valid no matter how small or large your estate is. Follow 3 simple steps and get your Montana Last Will and Testament made as per your requirement. 1. Sign in. 2. Answer a few simple questions. 3. Your Will is ready to download.

Does Montana consider a Handwritten Will?

Yes, Montana considers a Holographic/handwritten Will to be valid. A Holographic or Hand-written Will is an alternative to the Traditional Wills provided by lawyers or the ones created online. Even if it is easier, it’s not recommended by the lawyers to create a Holographic Will unless there is a necessity.

Can I revoke or change my Will in Montana?

Yes. There are 2 ways of revoking or changing your Will: 1. Make a new subsequent Will. It will revoke the prior will or its part expressly or by inconsistency. 2. Burning, torning, cancelling or destroying the old Will. This should be done with the intention of revoking it by the testator himself or any person under the testator's direction.

How much does it cost to make a Will in Montana?

If you are hiring an attorney for making your Will in Montana, it will cost you from $500 to $1000 depending upon your requirements and your location. TrulyWill offers you to create a Will which is cost-effective and much more accurate and valid than any other Last Will and Testament template which you might have come across.
Jennifer Mcgee
Parent to five young children. Estate Planning, Probate, and Family Law Attorney. Volunteer with Victim’s Advocates in the local sheriff's department...
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Jennifer Mcgree
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