How to Make a Will in Montana

If you're a resident of Montana and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name a personal representative, the person who makes sure that the terms of your will are carried out.

Below you'll find an overview of what a will can do for you, what Montana laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Montana

Here's a quick checklist for making a will in Montana:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose a personal representative to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will in Montana?

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, children, and parents. The list of inheritors continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Montana?

Yes. You can make your own will in Montana, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Montana

To make a will in Montana, you must be:

• an individual 18 years of age or older, and
• of sound mind.

(Mont. Code § 72-2-521 (2025).)

You must make your will in writing on actual paper. It can't be on audio, video, or a digital file. (See "Can I Make a Digital or Electronic Will?," below.) (Mont. Code § 72-2-522 (2025).)

How to Sign and Execute My Montana Will

To finalize your will in Montana:

• you must sign or acknowledge your will in front of two witnesses, and
• your witnesses must sign your will within a "reasonable time" after you sign or acknowledge your will.

(Mont. Code § 72-2-522 (2025).)

Although Montana allows "interested" people (those who stand to inherit something in the will) to serve as witnesses, it's usually best to use witnesses who aren't beneficiaries of the will. This can help you potentially avoid any claims that your witnesses coerced you into signing the will. (Mont. Code § 72-2-525 (2025).)

In Montana, a certain type of handwritten will (called a "holographic will") doesn't require witnesses. To make a holographic will, your signature and all material provisions of your will must be in your own handwriting. Even though holographic wills are legal, it's usually better to have a will witnessed by two witnesses. (Mont. Code § 72-2-522 (2025).)

Do I Need to Have My Will Notarized?

No, in Montana, you don't 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. (Mont. Code § 72-2-524 (2025).)

Can I Make a Digital or Electronic Will?

In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills ("e-wills") are currently available in only a minority of states, many other states are considering making e-wills legal. Montana currently doesn't allow e-wills, but that could change in the future.

Can I Choose and Appoint a Personal Representative in My 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 Quicken WillMaker & Trust 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.

Can I Revoke or Change My Will in Montana?

In Montana, you may revoke or change your will at any time. You can revoke your will by:

• burning, tearing, canceling, obliterating, or destroying all or part of the will with the intent to revoke it
• ordering someone else to burn, tear, cancel, obliterate, or destroy all or part of your will in front of you with the intent to revoke it, or
• making a new will that says it revokes the old will or that has contradictory terms to the old will.

(Mont. Code § 72-2-527 (2025).)

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 you intended to revoke the old will. Montana law presumes you intended to replace your old will with the new one if your new will disposes of all your estate. If you didn't dispose of all your estate, Montana law presumes you only wanted your new will to add to the old one. In this situation, your personal representative should follow the instructions in both wills. If you have a contradictory term in your wills, your personal representative should follow the instructions in the new will. (Mont. Code § 72-2-527 (2025).)

If you and your spouse divorce (or if a court determines that your marriage isn't legal), Montana law revokes any language in your will that leaves property to your spouse or names your spouse to be your personal representative. This rule applies to your spouse's relatives as well. However, if you happen to remarry your ex or if you specifically state in your will (or a divorce decree or a contract dividing the marital estate states) that divorce won't affect the provisions in your will, then these rules won't apply. (Mont. Code § 72-2-814 (2025).)

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).

Next Steps

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.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Montana wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Montana, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Montana?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Montana, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the court (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your personal representative or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, Montana allows you to deposit your will with the court during your lifetime. The court will keep your will confidential, and no one will have access to it except you and anyone you authorize. (Mont. Code § 72-2-535 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that Montana doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.