Montana Estate Planning Forms

Choose the option that is best for you.

Montana Personal Planning Package - Last Will, POA, Living Will, etc.

Most Popular: Our Personal Planning Package is our most popular package. Includes your Last Will, Power of Attorney, Living Will and other planning forms.

Use the Quick Order Process to receive your forms by email or the Regular Order Process to download online.

Personal Planning Package

Personal Planning Package

Get this package and save over 60% off of the forms ordered individually. Last Will, Power of Attorney and More!
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Montana Living Trust Package

This package is for people who want to establish a Living Trust rather than a Will as the main way to transfer their property. This package will include the Living Trust Agreement, Amendment to Trust, Assignment to Trust, Notice of Assignment to Trust, Property Record and Pour Over Will.

Montana Last Will

If you only need a Will, please use the Montana Wills Page, or select one of the following, answer the questions and we'll email you your Will. Married with Children, Married No Children, Single, Divorced , Widow or Widower or Other Persons

Estate Planning

What is estate planning? 

The overall planning of a person's wealth is estate planning. All of the assets owned or controlled by a decedent and the debts that were the responsibility of the decedent at the time of deceased's death are included in estate planning. Estate planning includes the preparation of a will and the planning for taxes after the individual's death. In order to meet a person's goals with respect to preparing for incapacity and death, numerous factors such as financial, estate law, insurance, investment, and tax implications must be taken into consideration..

What type of estate planning do I need? 

Estate planning is tailored to the circumstances in each individual's situation. Usually, estate planning includes: creation of a will; limiting estate taxes by setting up trust accounts in the name of beneficiaries; appointing a guardian for living dependents; appointing an executor of the estate to oversee the terms of the will; making funeral arrangements; and establishment of annual gifting to reduce the taxable estate.

Top Questions about Montana Estate Planning Forms

  • Can you have a will without a power of attorney?

    Yes, you can have a will without having a power of attorney. A will addresses how your assets will be distributed after death, while a power of attorney designates someone to handle your affairs during your lifetime. If you seek comprehensive estate planning, consider using Montana Estate Planning Forms for both documents to ensure your wishes are clearly outlined and legally sound.

  • Can you write your own will in Montana?

    Yes, you can write your own will in Montana. The state allows for handwritten or typed wills, provided they meet specific legal criteria. When creating your own will, consider using Montana Estate Planning Forms to ensure that your document adheres to state laws and clearly expresses your intentions.

  • Does a will need to be notarized in Montana?

    In Montana, a will does not necessarily need to be notarized to be valid. However, having a will notarized can strengthen its legal standing, especially if the document is self-proving. By utilizing Montana Estate Planning Forms, you can streamline the process of creating your will and include options for notarization if desired.

  • What is the simplest form of a will?

    The simplest form of a will is often referred to as a basic will or a simple will. This document allows you to specify how your assets should be distributed after you pass away. Using Montana Estate Planning Forms, you can create a straightforward will that meets legal requirements without unnecessary complexity. This ensures your wishes are honored with clarity and ease.

  • How to do estate planning yourself?

    Doing estate planning yourself can be a straightforward process with the right tools. First, research and gather the necessary Montana Estate Planning Forms that suit your needs. You can create essential documents like wills and powers of attorney by using resources available online or through trusted platforms like USLegalForms. Once you prepare your documents, ensure you follow state laws to finalize them correctly.

  • What is the 5 by 5 rule in estate planning?

    The 5 by 5 rule refers to a strategy within estate planning where a trust can allow a beneficiary to withdraw up to $5,000 or 5% of the trust's assets each year, whichever is greater. This rule helps in managing the distribution of assets while giving the beneficiary some flexibility. To incorporate this into your estate plan, you can use Montana Estate Planning Forms to ensure that this provision is properly documented.

  • How much does an estate have to be worth to go to probate in Montana?

    In Montana, there is no specific dollar amount that triggers probate. Instead, if your estate includes real property or assets exceeding a certain value, probate may become necessary. Nonetheless, utilizing Montana Estate Planning Forms can help streamline the distribution of your estate and possibly avoid probate altogether. It’s wise to consult with a professional to understand your specific situation.

  • Can I write my own will in Montana?

    Yes, you can write your own will in Montana, provided you follow the state’s legal requirements for wills. It is essential to ensure that the will is in writing, signed by you, and witnessed by at least two individuals. However, using Montana Estate Planning Forms can simplify the process and ensure all legal criteria are met, helping prevent any disputes or challenges in the future.

  • How do I avoid probate in Montana?

    To avoid probate in Montana, you can utilize certain estate planning strategies such as creating a revocable living trust. Assets placed in this trust can be distributed outside of probate. Additionally, you may consider beneficiary designations on accounts and property, enabling direct transfer upon your passing. Using Montana Estate Planning Forms effectively allows you to establish these measures and save your loved ones from potential delays and costs associated with probate.

  • What are the seven steps in the estate planning process?

    The seven steps in estate planning are assessing your assets, defining your goals, and identifying your beneficiaries. Next, select a trusted executor to manage your estate. Create and finalize your Montana Estate Planning Forms, such as wills and trusts. Don’t forget to communicate your plans clearly with family members. After that, review and update your estate plan periodically to reflect changes in your circumstances. Finally, consider necessary tax implications to ensure your estate plan is efficient.