How to Make a Will in Montana (2026 Guide)

A will made in Montana must be signed by you and by 2 witnesses to be valid. Yes (Mont. Code Ann. § 72-2-524). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Montana will covers, generated from the same rules.

Make my free Montana will

Montana will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	Yes
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Mont. Code Ann. § 72-2-522
Financial POA statute	Mont. Code Ann. § 72-31-301 et seq. (Montana Uniform Power of Attorney Act, 2011)
Healthcare directive statute	Mont. Code Ann. § 50-9-101 et seq. (Montana Rights of the Terminally Ill Act; declaration and appointment of agent, optional form at § 50-9-103)

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (Mont. Code Ann. § 72-2-522(1)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Mont. Code Ann. § 72-2-525); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.

Do you need a notary in Montana?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Mont. Code Ann. § 72-2-524). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Montana

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (Mont. Code Ann. § 72-2-522(1)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Mont. Code Ann. § 72-2-525); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Mont. Code Ann. § 72-2-524). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Montana allows a testator (or the testator's agent) to deposit a will with the clerk of the district court for safekeeping during the testator's lifetime; it is kept confidential and released only to the testator or, after death, to the named personal representative (Mont. Code Ann. § 72-2-535). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take a percentage of the augmented estate that rises with the length of the marriage, from 3% after one year to 50% after fifteen or more years (Mont. Code Ann. § 72-2-221), plus the homestead allowance, exempt property and family allowance (Mont. Code Ann. §§ 72-2-412 to 72-2-414).

Homestead

No special restriction on devising a homestead by will. A surviving spouse (or minor/dependent children) is entitled to a homestead allowance of $22,500 with priority over most claims and devises (Mont. Code Ann. § 72-2-412); a declared homestead is exempt from most creditors (Mont. Code Ann. § 70-32-101 et seq.).

If you die without a will in Montana

If you die without a will in Montana, your spouse takes everything if you leave no descendants and no parents, or if all of your descendants are also your spouse's and the spouse has no other descendants. If you leave parents but no descendants, the spouse takes the first $200,000 plus three-quarters of the balance. If your spouse has descendants who are not yours, the spouse takes the first $150,000 plus half; if you have descendants who are not your spouse's, the spouse takes the first $100,000 plus half (Mont. Code Ann. §§ 72-2-112, 72-2-113). With no spouse, everything passes to descendants, then parents, then siblings and their descendants. More on intestacy.

Other estate-planning documents in Montana

• Durable financial power of attorney: Mont. Code Ann. § 72-31-301 et seq. (Montana Uniform Power of Attorney Act, 2011). The power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction); a signature acknowledged before a notary public is presumed genuine and is required in practice (Mont. Code Ann. § 72-31-305). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the county clerk and recorder before using it for real estate.
• Advance healthcare directive: Mont. Code Ann. § 50-9-101 et seq. (Montana Rights of the Terminally Ill Act; declaration and appointment of agent, optional form at § 50-9-103). A declaration (living will), which may also appoint a health care agent, must be signed by the declarant (or by another at the declarant's direction) in the presence of two adult witnesses, who also sign (Mont. Code Ann. § 50-9-103). The appointed agent and the declarant's health care provider should not serve as witnesses. Notarization is not required. The statutory form is optional. Montana also has an end-of-life registry through the Attorney General (Mont. Code Ann. § 50-9-501 et seq.).
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Mont. Code Ann. § 72-2-533).

Montana notes

• Montana recognizes holographic wills whose signature and material portions are in the testator's handwriting (Mont. Code Ann. § 72-2-522(2)); a typed, witnessed will is far easier to prove.

Frequently asked questions

How many witnesses does a will need in Montana?

Montana requires 2 witnesses (Mont. Code Ann. § 72-2-522). Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (Mont. Code Ann. § 72-2-522(1)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Mont. Code Ann. § 72-2-525); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.

Does a will need to be notarized in Montana?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Montana have a self-proving affidavit?

Yes (Mont. Code Ann. § 72-2-524). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Montana?

Yes, Montana recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in Montana?

A surviving spouse cannot be completely disinherited. The spouse may elect to take a percentage of the augmented estate that rises with the length of the marriage, from 3% after one year to 50% after fifteen or more years (Mont. Code Ann. § 72-2-221), plus the homestead allowance, exempt property and family allowance (Mont. Code Ann. §§ 72-2-412 to 72-2-414).

What happens if I die without a will in Montana?

If you die without a will in Montana, your spouse takes everything if you leave no descendants and no parents, or if all of your descendants are also your spouse's and the spouse has no other descendants. If you leave parents but no descendants, the spouse takes the first $200,000 plus three-quarters of the balance. If your spouse has descendants who are not yours, the spouse takes the first $150,000 plus half; if you have descendants who are not your spouse's, the spouse takes the first $100,000 plus half (Mont. Code Ann. §§ 72-2-112, 72-2-113). With no spouse, everything passes to descendants, then parents, then siblings and their descendants.

Is a no-contest clause enforceable in Montana?

A provision penalizing an interested person for contesting the will is unenforceable if probable cause exists for instituting the proceeding (Mont. Code Ann. §§ 72-2-537, 72-3-905).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.