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Browse our 3 legal questions about Will & Testament in United States and the lawyer answers, or ask your own questions for free.
A Will, also known as a Last Will and Testament, is a legal document that outlines how a person’s assets and property will be distributed after their death. In Montana, a Will empowers you to specify your wishes regarding inheritance, name guardians for minor children, and appoint a personal representative (executor) to manage your estate. Montana law recognizes several forms of Wills, including formal written Wills and, in certain cases, handwritten (holographic) Wills. Without a valid Will, your estate will be distributed according to state intestacy laws, which may not reflect your personal wishes.
While many people successfully create simple Wills on their own, there are numerous situations where consulting an attorney is in your best interest. Legal advice may be especially valuable if you have a complex estate, own property in multiple states, wish to disinherit family members, suspect that your Will could be contested, or need to provide for a blended family or loved one with special needs. A lawyer can also help ensure your Will adheres to Montana statutory requirements so it is legally valid and enforceable. Additionally, an attorney can provide guidance regarding trusts, taxes, and asset protection to improve your estate plan.
Montana has specific statutes governing the creation, execution, and probate of Wills. Some important points include:
A Will is valid if it is in writing, signed by the testator (or another individual at the testator’s direction and presence), and witnessed by at least two individuals who do not benefit from the Will. Holographic Wills are valid if entirely in the testator's handwriting and signed.
Yes. Montana allows persons to write their own Wills, including handwritten (holographic) Wills, as long as they meet the legal requirements for validity.
Notarization is not required to make a Will valid in Montana. However, if you want to make the Will “self-proving” and streamline the probate process, you and your witnesses can sign an affidavit before a notary.
Yes. You can revoke or amend your Will at any time before your death, as long as you are mentally competent. Revocation can be done by creating a new Will or physically destroying the old Will.
Probate is the legal process by which your estate is administered and distributed according to your Will or state law. Montana offers informal and formal probate procedures, with informal probate available for most uncomplicated estates.
If you die without a Will, your assets are distributed according to Montana’s intestate succession laws. Generally, your spouse, children, or closest relatives inherit your estate in a specific order set by law.
You can disinherit most family members, but there are exceptions. For example, spouses have the right to claim a share of the estate, regardless of the Will’s contents, unless a valid prenuptial or postnuptial agreement says otherwise.
Not necessarily. Certain assets, like jointly-owned property, life insurance, and accounts with named beneficiaries, pass outside of the Will. Only assets solely owned by you and not designated to a beneficiary are controlled by your Will.
Yes. Common grounds for contesting a Will include lack of capacity, undue influence, fraud, or improper execution. Ensuring your Will is properly prepared and executed with the help of a lawyer can help prevent these challenges.
If you own property in more than one state, your Montana Will may be used as part of an “ancillary probate” process in the other state. However, legal requirements may differ by state, so it is wise to consult a lawyer experienced in multi-state estate planning.
For those seeking further information or assistance with Wills and estate planning in Montana, the following resources can be helpful:
If you are considering creating or updating a Will in Montana, start by making a list of your assets, debts, and intended beneficiaries. Consider your goals, such as guardianship for children or special gifts. Seek legal assistance if your situation is complex or you are unsure about Montana’s legal requirements. Contact a Montana estate planning attorney for professional advice or use trusted legal aid organizations. Keeping clear records and communicating your wishes with family members can also help ensure your intentions are honored.
Remember, having a legally valid Will is critical to ensuring your property is distributed according to your wishes and making things easier for your loved ones after you are gone.
