Montana Last Will and Testament

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Most people aren’t familiar with Montana last will and testament laws, yet it is a crucial legal document for state residents to understand. This document ensures that after your death, your assets and private property are distributed to the individuals of your choosing.

Montana state law requires that you be at least 18 years of age and of sound mind when creating your last will. In addition, the document must be in writing with your attached signature and that of two witnesses.

Montana Last Will and Testament Template

Why You Should Make Your Last Will

The purpose of a will is to provide a guide for how your personal belongings should be divided among your family, loved ones, or other entities in the event of your death. Personal assets that will need to be distributed include your house, vehicle, money, or business.

You can assign individuals or organizations to receive these possessions after you die. In addition, you can specify terms for distribution.

If you don’t have a will at the time of death, intestacy laws in Montana state that your immediate heirs will be your closest relatives. That is, your property will first go to your children, grandchildren, or parents.

Creating Your Will

Montana allows individuals to create their own wills without the aid of a lawyer. You can search online for a free last will and testament Montana, for example.

However, due to the complexity of laws, it’s advisable to seek legal help when writing your will.

Last Will and Testament Template (Montana)

One option is to go to Montana’s bar association web page and download a template. You can then print it and have it notarized if you like.

Last Will and Testament Form (Montana)

You can customize your own will form online by downloading a PDF copy and printing it.

Steps For Writing Your Will

After thinking about how you would like to distribute your assets, do the following:

  1. Assign someone to handle your estate
  2. If you have children, assign a guardian
  3. Choose a person to manage your children’s property
  4. Use a will template (Montana) or seek legal help to write your will
  5. Sign the document with two witnesses present

If you wish to change your will, you may do so through the use of a codicil or through the creation of a new will.


The following are some of the most frequently asked questions about making your last will in Montana.

There are a few simple signing requirements in Montana to validate your will. These are:

  • The testator must be 18 years old
  • The testator must have the mental capacity to write the will
  • The document must include the testator’s signature or that of someone assigned by the testator
  • The document must also be signed by two witnesses or more
  • The will must be written

Fees for lawyers who assist you in writing your will range between $200 and $1,000.

In Montana, you don’t need your last will to be notarized. There are some benefits, however, to seeking a notary.

Having your document notarized will make it “self-proving” under state law, which eliminates the need for contacting your two witnesses. That means a court can more readily approve your will, cutting down probate time.

You can legally write your own will in Montana if you adhere to the signing requirements.

The law of Montana recognizes handwritten wills, assuming they were written according to proper procedure.