State requirements
Making a will in Montana
Montana requires 2 adult witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Recognized
Self-proving affidavit
Available
Overview
Montana adopted the Uniform Probate Code (UPC). Montana recognizes holographic wills. Montana is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | MCA § 72-2-521 | 18+ and of sound mind |
| Execution Requirements | MCA § 72-2-522 | Written, signed, 2 witnesses |
| Holographic Wills | MCA § 72-2-522 | Material portions handwritten |
| Self-Proving | MCA § 72-2-524 | Available with affidavit |
| Elective Share | MCA § 72-2-222 | Based on marriage length |
Execution Requirements
MONTANA WILL REQUIREMENTS (UPC):
✓ In writing
✓ Signed by testator
✓ Signed by 2 or more witnesses within reasonable time
HOLOGRAPHIC WILLS:
✓ Material portions in testator's handwriting
✓ Signed by testator
✓ NO witnesses required
Elective Share
MONTANA ELECTIVE SHARE (UPC):
- Based on length of marriage
- Up to 50% of augmented estate for 15+ year marriages
- Includes probate and non-probate transfers
Checklist for Montana Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 witnesses signed within reasonable time
- •[ ] Self-proving affidavit completed
- •[ ] OR: Holographic will with material portions handwritten
Montana will questions, answered
Can I make a will online in Montana?
Yes. Montana does not require a lawyer to draft a will. A will created online is valid in Montana when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Montana?
Montana requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Montana require a will to be notarized?
No. Witnesses make a will valid in Montana, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Montana?
Yes, Montana recognizes holographic wills under specific conditions. They are riskier than witnessed wills — harder to probate and easier to contest — so a witnessed will remains the safer choice.
What makes a will legally valid in Montana?
A valid Montana will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This page is general information about Montana law, not legal advice. Statutes change — verify current requirements or consult a licensed Montana attorney for complex situations.