How many witnesses do I need for a will in Montana?

Montana requires 2 competent witnesses who watch you sign the will and then sign it themselves [§ 72-2-522].

Are handwritten wills valid in Montana?

Yes. Montana recognizes holographic (handwritten) wills, but they must be entirely in your handwriting and signed. A formally witnessed will is more reliable and harder to challenge.

Does my will need to be notarized in Montana?

No. Notarization is not required for a valid will in Montana. However, a self-proving affidavit (which does require a notary) is strongly recommended to simplify probate.

Can I disinherit someone in my will?

Yes — you can leave your property to anyone you choose. However, Montana law may provide a surviving spouse with an elective share that cannot be fully overridden by a will [§ 72-2-522]. Children can be disinherited if the will makes it clear the omission is intentional [§ 72-2-522].

What happens if I die without a will in Montana?

Your assets pass under Montana's intestacy laws — a fixed formula based on family relationships. The court appoints an administrator, and the result may not match your wishes.

Topic guideUpdated 2026-02-27

Montana Wills — Requirements & Types Explained

How to make a valid will in Montana — witnesses, holographic wills, and common mistakes.

A will is the foundation of every estate plan. In Montana, a valid will lets you control who inherits your property, name a guardian for minor children, and choose who administers your estate §72-2-522.

Requirements for a valid will in Montana §72-2-522

Age and capacity

You must be at least 18 years old and of sound mind — meaning you understand what you own, who your heirs are, and what the will does.

In writing

The will must be a written document. Montana does not recognize nuncupative (oral) wills. A valid will must be in writing.

Signed by the Testator

You must sign the will yourself, or direct someone to sign on your behalf in your presence.

Witnessed

2 competent witnesses must watch you sign (or acknowledge your signature) and then sign the will themselves §72-2-522.

Self-proving affidavit §72-2-524

A self-proving affidavit is a sworn statement attached to the will, signed by the testator and witnesses before a notary. It allows the will to be admitted to Probate without requiring the witnesses to appear in court — saving time and avoiding problems if witnesses have moved or died.

✓Adding a self-proving affidavit costs nothing extra and can significantly speed up probate. Most estate planning attorneys include one automatically.

Holographic wills

Montana recognizes holographic (handwritten) wills §72-2-522. A holographic will must be entirely in the testator's handwriting and signed, but witnesses are not required. Courts may still scrutinize these more closely than formally executed wills.

Types of wills

	Simple will	Pour-over will	Testamentary trust will
How it works	Distributes assets directly to beneficiaries	Directs remaining assets into a trust at death	Creates a trust upon your death
Avoids Probate	No	No (but the trust does for future transfers)	No
Best for	Smaller estates, simple wishes	Paired with a living trust	Minor children, special needs beneficiaries
Complexity	Low	Medium	Higher

Revoking or changing a will

You can revoke a will at any time by creating a new will that expressly revokes the old one, or by physically destroying the document with intent to revoke §72-2-522. A codicil can amend specific provisions without rewriting the entire will; a new will is cleaner for significant changes.

Montana has adopted the Uniform Probate Code (MCA § 72-1-101 et seq.). Holographic wills are valid if the signature and material portions are in the testator's handwriting. Montana does not recognize nuncupative wills.

⚠A will only controls assets that are in your name alone. Property held jointly, assets with beneficiary designations (retirement accounts, life insurance), and assets in a trust pass outside the will — regardless of what the will says.

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Quick checklist (Estate Planning)

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Existing will or trust

(if any)

Asset summary

(property, accounts, policies)

Family information

(beneficiaries, guardians)

General preparation tips only. Requirements vary by case and state.

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