✓ Verified June 2026
This guide covers Montana estate planning in plain English — the exact age, witness, and notarization rules, whether a handwritten will is valid, and how to make your will self-proving. All figures are from Montana law, verified as of June 2026.
In This Montana Guide:
Montana Will Requirements at a Glance
Here are the exact rules for making a valid will in Montana:
| Minimum age to make a will | 18 years old; the testator must also be “of sound mind” (MCA 72-2-521) |
| Witnesses required | 2; each witness must sign within a reasonable time after witnessing the testator’s signing or the testator’s acknowledgment of the signature or the will (MCA 72-2-522(1)); interested witnesses (beneficiaries) are permitted and do not invalidate the will (MCA 72-2-525) |
| Notarization required | NO; notarization is not required to make a valid will in Montana, but it is needed to make a will self-proving under MCA 72-2-524 |
| Handwritten (holographic) will allowed | YES; a holographic will is valid in Montana if the signature and the material portions of the document are in the testator’s own handwriting; no witnesses are required; intent that the document constitutes a will may be established by extrinsic evidence, including portions not in the testator’s handwriting (MCA 72-2-522(2)-(3)) |
| Self-proving affidavit available | YES; a will may be made self-proving at the time of execution or at any later date by attaching a notarized affidavit signed by the testator and both witnesses before an officer authorized to administer oaths; the officer must provide a certificate under official seal; a self-proving will may be admitted to probate without requiring witnesses to testify in court (MCA 72-2-524) |
| Statutory will form | NO; Montana does not provide an official statutory fill-in-the-blank will form in its probate code; the Montana courts self-help portal at courts.mt.gov/forms/endoflife provides general estate planning resources and links, and Montana LawHelp at montanalawhelp.org offers guidance, but neither provides a legislatively enacted statutory will form |
What a Montana Will Does (and Doesn’t Do)
A Montana will may name a personal representative (executor) to manage the estate; name a guardian for minor children; direct how probate assets are distributed among beneficiaries; create a testamentary trust; specify funeral or burial wishes; and include a no-contest (in terrorem) clause (MCA 72-2-537)
What a Montana will does NOT control: A Montana will does not control assets that pass outside probate, including life insurance proceeds with a named beneficiary, retirement accounts (401(k), IRA) with a named beneficiary, payable-on-death (POD) bank accounts, transfer-on-death (TOD) investment accounts, jointly held property with right of survivorship, and assets already held in a living trust
Oral wills in Montana: NO; Montana does not recognize oral (nuncupative) wills; MCA 72-2-522 requires that a will be in writing
How to Update or Revoke a Montana Will
A Montana will may be amended by executing a codicil, which must meet the same execution requirements as a will (signed, witnessed by 2 witnesses, or holographic); a will may be revoked entirely by executing a subsequent will that expressly revokes it or is inconsistent with it, or by performing a revocatory act (burning, tearing, canceling, obliterating, or destroying) with intent to revoke;
📨 Get Free Estate Planning Guides Alerts
Free · No spam · Unsubscribe anytime
the revocatory act may be performed by another person in the testator’s conscious presence and at the testator’s direction; a change of circumstances alone does not automatically revoke a will (MCA 72-2-527, 72-2-528)
Other Montana will-making rules: Montana adopted the Uniform Probate Code (UPC) and was one of the original 15 states to do so; Montana recognizes a “harmless error” rule (MCA 72-2-523) allowing a document not executed in strict compliance with formalities to be treated as a valid will if the proponent establishes by clear and convincing evidence that the decedent intended it to be their will;
in a 2024 Montana Supreme Court case (In re Estate of Beck) the court ruled that a video recording does not qualify as a “document” under MCA 72-2-523; Montana allows interested witnesses under MCA 72-2-525 without invalidating the will or reducing bequests; Montana includes a no-contest penalty clause statute at MCA 72-2-537
Your estate plan is only as good as your life insurance
Make sure your coverage and beneficiaries are current so your plan does what you intend.
Understanding Montana Estate Planning
Getting started with Montana estate planning is the single best gift you can give your family. A valid Montana will lets you decide who inherits, name an executor, and name a guardian for your children — instead of leaving it to a default state formula.
When people look into Montana estate planning, the real answer comes down to the state’s execution rules: your age, the number of witnesses, and whether you make it self-proving. If any part of Montana estate planning is unclear, your state court’s self-help center can point you to the official forms and resources.
Official Montana Sources & Resources
- Montana Court Self-Help: https://courts.mt.gov/forms/endoflife
- Montana Wills Statute: https://leg.mt.gov/bills/mca/title_0720/chapter_0020/part_0050/sections_index.html
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Montana will guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More Montana Wills & Probate Guides
- Montana Probate Process
- Dying Without a Will in Montana
- Montana Estate & Inheritance Tax
- Montana Small Estate Affidavit
- Montana Living Trust
- Probate Cost Calculator
- All 51 States
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.