A will, also called a "last will and testament," can help you protect your family and your property. You can use a will to:
In Montana, if you die without a will, your property will be distributed according to state "intestacy" laws. Montana's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, nieces, and nephews. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.
No. You can make your own will in Montana, using Nolo's do-it-yourself will software or online will programs. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or if you want to disinherit your spouse, you should talk with an attorney. Nolo's will-making products tell you when it's wise to seek a lawyer's advice.
To finalize your will in Montana:
No, in Montana, you do not need to notarize your will to make it legal.
However, Montana allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will.
Yes. In Montana, you can use your will to name a personal representative who will ensure that the provisions in your will are carried out after your death. Nolo's will software and online will produces a letter to your personal representative that generally explains what the job requires. If you don't name a personal representative, the probate court will appoint someone to take on the job of winding up your estate.
In Montana, you may revoke or change your will at any time. You can revoke your will by:
If you have more than one will but it’s not clear if you revoked the old one, your old will is revoked if the wills have contradictory terms and it was your intent to revoke the old will. Montana law presumes you intended to replace your old will with the new one if you disposed of all of your estate in your new will. If you didn’t dispose of all of your estate, Montana law presumes you only wanted your new will to add to the old one. In this situation, your executor should follow the instructions in both wills. If you have a contradictory term in your wills, your executor should follow the instructions in the new will. Mont. Code Ann. § 72-2-527.
If you and your spouse divorce (or if a court determines that your marriage is not legal), Montana law revokes any language in your will that leaves property to your spouse or names your spouse to be your executor. This rule applies to your spouse’s relatives as well – after you divorce their relative, they will not receive any property through your will nor will they be named as executor. However, if you happen to remarry your ex or if you specifically state in your will (or divorce decree) that divorce should not affect the provisions in your will, then these rules won’t apply. Mont. Code Ann. § 72-2-814. If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help.
If you need to make changes to your will, it’s best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will – this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).
You can find Montana’s laws about making wills here: Montana Code Annotated Title 72 Estates, Trusts, and Fiduciary Relationships Chapter 2 Uniform Probate Code - Intestacy, Wills, and Donative Transfers Part 5 Wills, Will Contracts, and Custody and Deposit of Wills.