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Here's how: Decide Whether to Hire a Lawyer or Write Your Own Will Online. ... Identify Your Will Beneficiaries. ... Choose a Legal Guardian for Your Child. ... Decide on an Executor for Your Estate. ... Consider Other Wishes. ... Sign Your Last Will and Testament. ... Find Two Witnesses. ... Get Your Will Notarized.
No, in Montana, you do not need to notarize your will to make it legal. However, Montana allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
A will should be signed by the maker, dated, and witnessed by two disinterested persons age 18 and over. Disinterested means the witnesses cannot be named as beneficiaries in your written will.
Under Montana's probate laws, you can distribute certain types of property and assets without a probate court's approval. They include: Accounts with a named beneficiary, such as life insurance policies and retirement funds. Assets and property that is held in a living trust.
Montana recognizes holographic (handwritten) wills so long as the signature and material portions of the document are in the testator's handwriting. In Montana, holographic wills do not have be witnessed in order to be valid.
In Montana, challenges to a will or trust must be presented within two years after the testator's death.
The only Montana statutory requirements regarding capacity to make a will are that the testator be eighteen years of age and of sound mind.
It is possible under Montana law to write your own will in your own handwriting. A handwritten will is called a holographic will. You must take care, however, that both the signature and the actual distribution provisions of the document are in your valid handwriting.